Location: Lincoln, Nebraska
Federal Circuit: 8th Circuit
University of Nebraska – Lincoln has been given the speech code rating Green. Green light institutions are those colleges and universities whose policies nominally protect free speech. Read more here.
result in immediate termination of your residence hall contract (regular
cancellation fees will apply), your relocation to another hall and/or
referral to the Office of the Dean of Students or the appropriate law
enforcement body. Such violations include, but are not limited to the
following: ... Abuse (physical or verbal) and/or battery of a resident or staff
member ... Other inappropriate behavior deemed so by Housing personnel.
Policy and Procedures on Unlawful Discrimination, Including Sexual and Other Prohibited Harassment 12-13Sexual harassment is unwelcome sexual
advances, unwelcome requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual
nature when: ... Such conduct has the purpose or effect of unreasonably interfering with the individual's work or
academic performance or creating an intimidating, hostile, or offensive working or academic
Policy and Procedures on Unlawful Discrimination, Including Sexual and Other Prohibited Harassment 12-13No person shall contribute to a hostile or abusive environment at UNL
based upon race, color, religion, sex, national origin, age, disability, veteran status, marital status or sexual
orientation (collectively "protected status") by engaging in harassing conduct (e.g. physical, verbal, graphic, or
written) that is unwelcome and sufficiently severe, pervasive or persistent so as to clearly interfere with or limit
the ability of (1) a student to participate in or benefit from the services, activities or privileges provided by
UNL; or (2) an employee to engage in his or her work duties.
1. Engaging or attempting to engage in any act for the purpose of injuring, threatening or unreasonably alarming another or for the purpose of unreasonably interfering with any person's work, education, or the environment or activities surrounding one's work or education.
2. If a person has been advised not to engage in certain acts and subsequently does so, there shall be a rebuttable presumption that the subsequent acts were done for one or more of the purposes set forth in the above paragraph.
3. This section shall be strictly construed so as not to infringe upon the constitutional rights of free speech and expression of any person; and shall apply only to those acts described in paragraph (a) of this section.
communications that are intended to threaten, intimidate, or harass a particular student and to cause that student to fear for his or her safety,
are in violation of the harassment policy and will be subject to severe
atmosphere which unreasonably interferes with the education or the employment experience.
Similarly, electronic communications shall not be used to harass or threaten other information
recipients, in addition to University users. ... Personal use of any University information system to access, download, print, store, forward,
transmit or distribute obscene material. ... Obscene with respect to obscene material shall mean (1) that an average person applying
contemporary community standards would find the material taken as a whole predominantly
appeals to the prurient interest or a shameful or morbid interest in nudity, sex, or excretion, (2)
the material depicts or describes in a patently offensive way sexual conduct specifically set out in
Neb. Rev. Stat. 28-807 to 28-809, as amended, and (3) the material taken as a whole lacks
serious literary, artistic, political, or scientific value.
as part of that freedom, is possible only in an orderly environment in which individuals are not endangered by force or violence and in
which they are free from coercion and interference in the exercise of their activities.
discrimination. It is defined as: 1) any unwanted
communication of a sexual nature, whether
verbal, physical, written, or pictorial, which has
the purpose or effect of intimidating the person
receiving the communication...
December 1, 2009
The Nebraska Supreme Court will take up a free speech case this week involving a college student’s angry e-mails to a professor running for political office. The student, Darren Drahota, was charged with disturbing the peace and fined $250 in Lancaster County for sending e-mails in 2006 to his former political science professor at the University of Nebraska-Lincoln, State Sen. Bill Avery of Lincoln. At the time, Avery was running for his seat in the Legislature. The Nebraska Court of Appeals upheld the conviction in June, and a UCLA law professor appealed to the Supreme Court. The Supreme Court is […]» Read More
September 4, 2004
LINCOLN — Nebraska regents may weigh in on whether Memorial Stadium — or for that matter an entire campus — is the right place for political campaigning.Regent Randy Ferlic of Omaha criticized Friday a new University of Nebraska-Lincoln policy banning campaign activity at Cornhusker football games.”I look at this as an abridgment of the expression of free speech,” Ferlic said. Ferlic said he will initiate a discussion of the issue at next Friday’s regular Board of Regents meeting. In the face of strong reactions from the two major political parties and questions by some regents, Chancellor Harvey Perlman decided Friday […]» Read More
November 25, 2013
Following comments made during a debate over the free speech ramifications of a proposed resolution, a student senator at the University of Nebraska-Lincoln (UNL) is facing a hearing and potential impeachment. While opposing a resolution pledging to remove “derogatory language” from its members’ vocabulary, Association of Students of the University of Nebraska (ASUN) Senator Cameron Murphy argued that context matters and that words should not be banned wholesale simply because they are considered “offensive” or “derogatory” per se. In doing so, he quoted and discussed comedian Chris Rock’s “Niggas vs. Black People” routine and related a personal story about being called a “cracker.” Murphy concluded that “[r]estricting […]» Read More
May 24, 2013
In light of the Departments of Education and Justice’s new federal "blueprint" for campus sexual harassment policies, David Moshman, a professor of educational psychology at the University of Nebraska-Lincoln, writes for The Huffington Post today to share a story that would be funny if it weren’t true. At the University of Nebraska-Lincoln (UNL) a psychology graduate student named Toni Blake studied and taught human sexuality. One day in 1993 Blake brought a banana to a class session on contraception and used it to illustrate the application of a condom. Warning about the danger of impregnation prior to ejaculation, she joked that […]» Read More
February 21, 2013
In an op-ed published in today’s edition of The Daily Nebraskan, an independent student newspaper at the University of Nebraska-Lincoln (UNL), graduate student Benjamin Welch writes about the importance of having a diversity of ideas on campus, even when those ideas might offend others. Welch writes: Regardless, when a truly diverse population exists, as many universities strive for, a person of a particular persuasion or belief system taking offense to an action or speech of another is an inevitable byproduct. This is not necessarily a bad thing. Knowledge and finding oneself is the cornerstone of the college experience, and a facet […]» Read More
Victory for First Amendment: Nebraska Supreme Court Exonerates Student Charged with “Breach of the Peace” for Two E-mails
September 24, 2010
In a victory for the First Amendment, the Nebraska Supreme Court has reversed a college student’s conviction for breach of the peace for sending two anonymous e-mails to his professor. In the e-mails, University of Nebraska student Darren Drahota had criticized the professor, who was also running for the state legislature at the time, for his political views and questioned his patriotism. The professor alerted the police to the e-mails, resulting in a conviction for disturbing the peace that was upheld on appeal by the Nebraska Court of Appeals. In its decision in State v. Drahota, the Nebraska Supreme Court […]» Read More
December 4, 2009
An important First Amendment case in which a University of Nebraska student was found guilty of breaching the peace for two anonymous e-mails he sent to his college professor went to oral argument this week before the Nebraska Supreme Court. As Torch readers may recall, FIRE submitted an amicus (friend-of-the-court) brief in the case, in which student Darren Drahota criticized the political views of his professor and questioned his patriotism. The case has generated a significant amount of local press coverage in the past week, including in the Lincoln Journal-Star, Omaha World-Herald, and Lexington Clipper-Herald, and on Nebraska.TV. (Nebraska also […]» Read More
November 20, 2009
Earlier this week, FIRE filed an amicus brief with the Nebraska Supreme Court in an important First Amendment case involving political e-mails sent by a student to his university professor. FIRE wrote the brief on behalf of Darren Drahota, a University of Nebraska student who was criminally convicted of disturbing the peace based on two anonymous e-mails sent to his political science professor, current Nebraska state senator Bill Avery. You can read an article in the Lincoln Journal Star about the case here. In a decision that would pose a clear threat to First Amendment rights if allowed to stand, […]» Read More
January 5, 2007
Emmett Hogan is a student at University of Michigan Law School and a luminary early FIRE employee. As we looked back on 2006 in campus rights and abuses I wanted to check in with him for his thoughts on the past year in FIRE history. This was his thoughtful response: One of FIRE’s most gripping cases from 2006 involved a breathtaking exercise in thought reform by Michigan State University. FIRE publicly challenged what MSU calls a “Student Accountability in Community Seminar” (SAC) which is intended to address student behavior that administrators consider unacceptable; the seminar is successful only when it […]» Read More