State v. Drahota
I litigated this free speech and cyberspace law case pro bono; the case was decided by the Nebraska Supreme Court on Sept. 24, 2010, State v. Drahota, 280 Neb. 627 (2010). Here are the key documents:
The Nebraska Court of Appeals opinion, State v. Drahota, 17 Neb. App. 678 (2009).
The petition for further review, which the Nebraska Supreme Court sustained on Sept. 30, 2009, thus agreeing to hear the case. (This is the Nebraska state law equivalent of a federal petition for certiorari.) The state declined to file a response.
Drahota's opening brief before the Nebraska Supreme Court, filed Oct. 20, 2009.
The state elected not to file a brief before the Nebraska Supreme Court (a decision that the Nebraska Attorney General's office apparently occasionally makes in state supreme court cases).
The Foundation for Individual Rights in Education's and Prof. David Post's amicus brief before the Nebraska Supreme Court, filed Nov. 13, 2009.
The ACLU of Nebraska's amicus brief before the Nebraska Supreme Court, filed Nov. 12, 2009.
Current and Former Elected Officials' amicus brief before the Nebraska Supreme Court, filed Nov. 10, 2009.
Law Professors' proposed amicus brief supporting the petition for further review, filed July 15, 2009.
The record of the proceedings in the county court and the district court.
The trial transcript.
The e-mail exchange between Darren Drahota and Prof. William Avery (exhibit 1 to the transcript).
Exhibit 2 to the trial transcript, a newspaper article introduced at trial.
Gary T. Schwartz Professor of Law
UCLA School of Law