State v. Grant, 310 Neb. 700

Defendant Kenneth W. Grant, Jr. shouted from his apartment balcony at people across the street, including paint workers Jennifer Ponce and Gregory Patterson. His statements included vulgar insults, racial epithets, and threats (e.g., to "put bullets in your boyfriend" and to "kill" persons).
The shouting lasted roughly 30–60 minutes, grew more explicit and violent over time, and disrupted Ponce’s work; neighbors and Ponce called police.
Officer testimony at a bench trial established Grant admitted some statements and continued yelling; Grant claimed First Amendment protection but offered no witnesses or exculpatory evidence.
The county court convicted Grant of violating Lincoln ordinances for disturbing the peace and for assault/menacing threats; both resulted in concurrent 10-day jail sentences.
The district court (intermediate appellate) affirmed; the Nebraska Supreme Court granted review and affirmed both convictions and the sentences.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether disturbing-the-peace conviction violated free-speech rights	City: ordinance is content-neutral time/place/manner regulation to protect neighborhood tranquility	Grant: his speech was protected by the First Amendment; ordinance impermissibly criminalized speech	Court: ordinance content-neutral; time/place/manner test satisfied — conviction affirmed
Whether evidence supported assault/menacing-threats conviction	State: testimony and defendant’s admissions showed promises of harm and intent to cause distress	Grant: evidence insufficient to prove menacing threats beyond a reasonable doubt	Court: viewing evidence favorably to State, a rational trier could find menacing threats — conviction affirmed
Whether 10-day jail sentences were excessive	State: sentences within municipal statutory limits and supported by record	Grant: court failed to weigh mitigating factors; requested fine/probation	Court: sentences within statutory limits; trial court considered factors and did not abuse discretion — affirmed

Reed v. Town of Gilbert, 576 U.S. 155 (U.S. 2015) (distinguishing content-based regulation)
Ward v. Rock Against Racism, 491 U.S. 781 (U.S. 1989) (time/place/manner analysis; volume restriction permissible)
Chaplinsky v. New Hampshire, 315 U.S. 568 (U.S. 1942) (identifying unprotected categories like fighting words)
Virginia v. Black, 538 U.S. 343 (U.S. 2003) (true threats doctrine)
Frisby v. Schultz, 487 U.S. 474 (U.S. 1988) (privacy of the home and its immediate surroundings)
Hill v. Colorado, 530 U.S. 703 (U.S. 2000) (right to avoid unwelcome speech near the home/public privacy interests)
State v. Kunath, 248 Neb. 1010 (Neb. 1995) (definitions of assault, threaten, and menacing)
State v. Drahota, 280 Neb. 627 (Neb. 2010) (limits on proscribable speech categories)
State v. Jennings, 308 Neb. 835 (Neb. 2021) (standard of appellate review for county-court criminal appeals)