March 20, 2007
Stalking Statute Applies to Bully
The Nebraska Supreme Court in State v. Jeffrey K., held that its anti-stalking statute applied to a high school bully.
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Take a look at the opinion and ask yourself why no mention of the terms "Constitution" and "First Amendment" while the court relies on both speech and action in reaching its conclusion.
Is invoking the Bill of Rights pre-9-11 thinking?
Posted by: David | Mar 21, 2007 4:48:38 AM
Curious absence; perhaps bad lawyering, not raising it below (or above, it seems)?.
Posted by: David Hricik | Mar 21, 2007 5:03:05 AM
Full disclosure: I argued and briefed
this case. Curiously, the court
of appeals held that I properly preserved the constitutional issues for review. I will be
filing a motion for a rehearing based
on this issue, citing the omissionas
a reason for the need for rehearing.
Posted by: david | Mar 21, 2007 1:19:32 PM
Thanks for the info. I know only a bit about the First Amendment, enough to know that there is a colorable issue with respect to some of the words involved. Interesting stuff. Keep us posted.
Posted by: David Hricik | Mar 21, 2007 2:58:28 PM