Posted by Eugene Volokh:
Nebraska ACLU Moves To File Amicus Brief on Our Side in My *State v. Drahota*
Free Speech Case:
http://volokh.com/archives/archive_2009_08_02-2009_08_08.shtml#1249684174
When I [1]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
criminal rather than protected expression under the First
Amendment.... As described more fully in the Statement of Interest
that will be submitted in the briefing should this motion be
granted, the lower court's decision in this action violates the
constitutional guarantee of free speech and creates a new,
unconstitutional standard to judge such cases.
Now we'll just have to see what the Nebraska Supreme Court does.
(Recall that at this point the decision before the court is only about
whether to agree to further review the Nebraska Court of Appeals'
opinion, not about whether to reverse that opinion on the merits.)
References
1. http://www.volokh.com/posts/1247597191.shtml
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