Search Results for "drahota"

I had some colleagues of mine do a moot court for my Obsidian Finance Group v. Cox argument tomorrow — many thanks to Profs. Stuart Banner, Sam Bray, Joanna Schwartz, and Steve Yeazell for that — and I also had the administration invite students to watch; about 40 students showed up, I think, and my [...]

Thank you to Eugene for inviting me to guest blog on The Volokh Conspiracy this week. By way of introduction, I am a First Amendment lawyer and the president of the Foundation for Individual Rights in Education (FIRE), and my new book, Unlearning Liberty: Campus Censorship and the End of American Debate, hit the bookshelves [...]

The case is People v. Louis, a New York trial court case decided Wednesday. This seems consistent with United States v. Popa (D.C. Cir. 1999), discussed in this post, and also (though the analogy is less direct, given the difference in the statutes involved) with the Nebraska Supreme Court People v. Drahota decision). The defendant [...]

N.H. Stat. § 644-4 makes it a misdemeanor to, among other things, “[m]ake[] repeated communications at extremely inconvenient hours or in offensively coarse language with a purpose to annoy or alarm another.” In re Alex C. (N.H. Sup. Ct. Nov. 30) upheld the conviction of a minor for sending 20 instant messages in the span [...]

Lots of people helped me with the Nebraska free speech / cyberspace law case that the Nebraska Supreme Court just decided, so I wanted to publicly thank them. (All the documents to which I refer are available here.) Many thanks to: Gene Summerlin of Ogborn, Summerlin & Ogborn, our local counsel, and Vern Schulte, for [...]

Here is an edited version of the opinion in the First Amendment / cyberspace law case that I briefed and argued, and that the Nebraska Supreme Court just decided today. It shouldn’t be terribly surprising or novel to those who know First Amendment law (though the Nebraska Court of Appeals decision that the Nebraska Supreme [...]

This is the case that I briefed and argued last year (see here for my initial post about the petition for review to the Nebraska Supreme Court, and here for the various documents in the case, including the Nebraska Court of Appeals decision that had upheld the convictions). I’ll post more on the subject today, [...]

Those of you who have been following this free speech / cyberspace law case — which I’m litigating pro bono — can now see starting the video of yesterday’s oral argument before the Nebraska Supreme Court. My opening argument starts at about 39:00, and lasts for about five minutes; it’s followed by the State’s argument, [...]

As I mentioned before, I’m litigating a pro bono free speech / cyberspace law case before the Nebraska Supreme Court. My client, Darren Drahota, was convicted of two counts of breach of the peace for sending two rude messages to William Avery, who had earlier asked him to stop sending such messages. Avery was Drahota’s [...]

I’m delighted to say that the Nebraska Supreme Court has just agreed to review State v. Drahota (Neb. Ct. App. June 16), a case that I am litigating pro bono. We don’t have an oral argument date set yet, but it will probably be during the first week of November.  Here is my argument, from [...]

When I blogged about the case, several commenters asked whether the ACLU would get involved. I’m pleased to say that the ACLU just filed a motion to file an amicus brief on our side: ACLU seeks to participate in this case to urge this Court to reverse the lower court’s decision that Appellant’s conduct was [...]

I’m glad to say I have an interesting pro bono case — a petition for further review by the Nebraska Supreme Court in State v. Drahota (Neb. Ct. App. June 16). Here’s the petition, which was just filed yesterday, with some of the formatting details omitted; hope you find it interesting. Please note that the [...]

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