Unicameral legislature: Republican majority
Governor: Jim Pillen (R)
Attorney General: Mike Hilgers (R)
Summary:
Nebraska’s unique unicameral legislature also eschews formal partisan affiliation. Despite this nonpartisan structure, the legislature tends to lean conservative, reflecting the broader political landscape of Nebraska. As of 2024, the majority of the 49 senators in the Nebraska Legislature are informally affiliated with the Republican Party, giving them considerable influence over the legislative agenda.
Following other states, Nebraska recently passed a law requiring websites containing material harmful to minors to conduct age verification to prevent minors from accessing them. Prior Attorney General Doug Peterson was involved in several efforts to protect speech in 2022.
Key Policymakers:
Legislative Activity:
LR 1071: To provide protection for freedom of speech & freedom of the press for student journalists & would provide protection for student media advisers at public high schools & post-secondary educational institutions. Introduced by Sen. George Dungan in January 2024 but has not progressed.
LR 412: A resolution to propose an interim study to examine possible changes to state law regarding the use of artificial intelligence in political campaigns. This study shall include, but need not be limited to, an examination of concerns related to the First Amendment of the Constitution of the United States and free speech regarding the regulation of political speech and artificial intelligence. Introduced by Sen. John Cavanaugh in March 2024 but has not progressed.
LB 621 (2021): Under the Social Media Fairness Act, if an individual or business in Nebraska has a dominant social media web site account disabled, suspended, or censored by a dominant social media web site, the dominate social media web site must provide electronic notice to such individual or business user within thirty days after taking such action. The notice must adequately explain why the account was suspended, disabled, or censored. If the owner or operator of the dominant social media web site would have violated the First Amendment had the owner or operator of the dominant social media website been a government actor, the owner or operator shall be fined one hundred thousand dollars per violation. Such action for a fine shall be initiated and collected by the Attorney General. Introduced by Sen. Curt Friesen in January 2021 but did not progress.
LB 1203: Changes provisions of the Nebraska Accountability and Disclosure Act by requiring qualified political advertisements to include a statement, if applicable, regarding whether the advertisement was generated with artificial intelligence. Certain qualified political advertisements are exempted from such provisions. Introduced by Sen. John Cavanaugh in Jan 2024 but has not progressed.
L 1092 (Signed into Law): The Online Age Verification Liability Act. Provides that a commercial entity shall not knowingly and intentionally publish or distribute material harmful to minors on the internet on a website that contains a substantial portion of such material unless the entity uses a reasonable age verification method to verify the age of an individual attempting to access the material; provides that a person aggrieved by a violation of this act may bring a civil action against the commercial entity or third party which engaged in that violation. Introduced by Sen. Dave Murman in January 2024, passed with a large majority and signed into law on April 16, 2024.
L 1267: Adopt the Uniform Public Expression Protection Act and eliminate provisions relating to actions involving public petition and participation. The bill is based on a model uniform law drafted by the National Conference of Commissioners on Uniform State Laws, also known as the Uniform Law Commission (ULC). Introduced by Sen. Danielle Conrad in January but has not progressed.
Legal Actions:
Attorney General Peterson Urges Free Speech and Civility on College Campuses. On April 7, 2022 a group of over 1,400 Americans, including 24 Attorneys General, sent a letter to Dean Heather Gerken of Yale Law School urging her and her administration to take tangible steps to address the rapidly deteriorating culture of free speech and civility on campus. The letter was prompted by the noisy and threatening student behavior that disrupted an event involving U.S. Supreme Court advocates Kristen Waggoner of Alliance Defending Freedom and Monica Miller of the American Humanist Association. The letter called upon Dean Gerken to take disciplinary action consistent with Yale’s free speech policies against the students involved in the inappropriate and dangerous incident while correcting and/or retracting her previous statements that downplayed the troublesome event. “It is imperative for our Nation and the rule of law that our future lawyers are equipped to undertake critical thinking, intellectual engagement, and a clash of ideas while maintaining civility,” stated Attorney General Peterson, “Absence of respectful argumentation will undermine our courtrooms and limit the ability of justice to be served.”
Attorney General Peterson Joins Coalition in Defending Wedding Artist. On June 2, 2022 Attorney General Peterson, as part of a 20-state coalition, filed an amicus brief urging the Supreme Court of the United States to defend First Amendment rights of business owners. In 303 Creative v. Elenis, the coalition argued that states cannot use their public accommodations laws to force business owners to act contrary to their sincerely held religious beliefs.
Lorie Smith, who owns 303 Creative in Colorado, is a graphic artist and website designer. Smith wants to expand her business into wedding websites, but her religious beliefs prohibit her from promoting same-sex weddings. Under Colorado’s anti-discrimination law, the Tenth Circuit Court of Appeals said that if Smith designs websites for opposite-sex weddings, she is required to create websites for same-sex weddings. Smith sued, alleging that Colorado’s law violated her First Amendment rights.
The amicus brief argues that because Smith speaks through her custom design work, Colorado cannot compel her to address the topic of same-sex marriage—let alone to “express approval and celebration” of same-sex marriage, as the Tenth Circuit’s decision would force her to do. SCOTUS’s precedents have banned compelled speech without nullifying public-accommodation laws. Joining Nebraska are the states of Arizona, Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Ohio, Oklahoma, South Carolina, Tennessee, Utah, and West Virginia.
Attorney General Doug Peterson Urges SCOTUS to Uphold First Amendment Rights of Public Employees. On March 2, 2022, Attorney General Doug Peterson joined a coalition of 27 states urging the Supreme Court of the United States to reverse a Ninth Circuit Court of Appeals ruling that did not uphold the constitutional rights of a high school coach who was punished for praying alone on a football field in view of students. The case is Joseph A. Kennedy v. Bremerton School District. This amicus brief was led by Arizona, Alaska, Florida, and Texas and was joined by attorneys general from Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia, and Wyoming.
