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STATE v. DRAHOTA

No. S-08-628.

788 N.W.2d 796 (2010)

280 Neb. 627

STATE of Nebraska, appellee, v. Darren J. DRAHOTA, appellant.

Supreme Court of Nebraska.

September 24, 2010.

Attorney(s) appearing for the Case

Eugene Volokh , of Mayer Brown, L.L.P., and Gene Summerlin , of Ogborn, Summerlin & Ogborn, P.C., Lincoln, for appellant.

Darren J. Drahota , pro se.

Jon Bruning , Attorney General, and George R. Love , Columbus, for appellee.

G. Michael Fenner , Omaha, and Amy A. Miller for amicus curiae American Civil Liberties Union Foundation of Nebraska.

Bruce Adelstein , of Law Office of Bruce Adelstein, for amici curiae current and former elected officials.

William Creeley and Azhar Majeed for amicus curiae Foundation for Individual Rights in Education.

David G. Post , of Beasley School of Law, Temple University, for amici curiae law professors.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

SUMMARY

The State convicted the appellant, Darren J. Drahota, of a breach of the peace based on two e-mails he sent to William Avery, his former political science professor and a candidate for the State Legislature. The e-mails—laced with provocative and insulting rhetoric and with the Iraq war as a background—suggested that Avery was a traitor and that he sympathized with Al Qaeda, a terrorist organization.

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