Unwanted e-mail to a candidate for the state legislature as criminal breach of the peace
VOLOKH at law.ucla.edu
Thu Oct 1 14:06:01 PDT 2009
I just thought I'd mention that yesterday the Nebraska Supreme Court agreed to review People v. Drahota, http://www.supremecourt.ne.gov/opinions/2009/june/jun16/a08-628.pdf, a Nebraska Court of Appeals decision that upheld a breach of the peace conviction based on two unwanted e-mails (sent after the recipient had asked not to be e-mailed any more) to a candidate for the state legislature.
This strikes me as a very interesting First Amendment case, and I thought some of you folks might think the same. In fact, it struck me as so interesting that I agreed to represent Mr. Drahota pro bono on the petition and now on the merits. If you're interested in seeing a copy of the petition for further review (on which the merits brief will likely be based), you can find it at http://www.law.ucla.edu/volokh/drahotapffr.doc
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