Nebraska
Staff Predictions: Penn State vs. Nebraska
It’s the final stretch, folks.
The Nittany Lions secured their first win in an emotional victory over Michigan State last week, bringing home the Land-Grant Trophy as well as interim head coach Terry Smith and quarterback Ethan Grunkemeyer’s first career wins.
Penn State hosts Nebraska in a must-win home finale on Saturday night. With a bowl game on the line, the Nittany Lions are riding a wave of momentum in hopes of bringing down the 7-3 Cornhuskers. Here’s how some of our staffers think Penn State will do on Senior Day.
Fernando Martinez Ruiz De Esparza (7-3): Penn State 27, Nebraska 17
The Nittany Lions will go out with a bang in their final game at Beaver Stadium.
Penn State finally won a game last week after a six-game losing streak and gave interim head coach Terry Smith his first win. It continues to play well with a lot of effort and grit, and the squad just had its best performance of the season. Despite the lost season, this team is still playing with a purpose as it looks to maintain bowl eligibility. They must win the remaining two games of the season to be bowl eligible, and I think we will see a Nittany Lion team that will be hungry for the win. With home-field advantage, Senior Day, and the momentum from last week’s win, Penn State has a lot of things going right for it heading into its final home game.
As for Nebraska, Matt Rhule has done a great job in rebuilding the program. It is 7-3 this season, and has great wins over teams like Cincinnati and Northwestern. However, the Cornhuskers lost their starting quarterback, Dylan Raiola, for the rest of the season due to injury, and will play this game with the backup quarterback, TJ Lateef. While they did beat UCLA in his first start, Raoila’s injury might be too much for the team to overcome, especially playing in an atmosphere like Beaver Stadium.
This will be a good game, but I think Penn State has been playing inspiring football since Terry Smith took over, and for that reason, the Nittany Lions win this game and keep their bowl eligibility alive heading into the season finale. Matt Rhule will learn why he shouldn’t have signed that extension with Nebraska.
Michael Zeno (7-3): Penn State 28, Nebraska 21
I’ve bought back in. Terry Smith ain’t losing another game. Nebraska, with its newly extended coach, might have a better record and a bowl game secured, but they are without starting quarterback Dylan Raiola. Their backup fared well against UCLA, but this Penn State defense has been ruthless the last two weeks.
Jim Knowles needs to keep dialing up the pressure, and Nittany Nation needs to bring it. No Thanksgiving slumber, go out and beat the Cornhuskers and set up a battle for bowl eligibility in New Brunswick next week.
CJ Gill (7-3): Penn State 31, Nebraska 24
Terry Smith is coaching the Nittany Lions this Saturday, not Matt Rhule. And that’s a good thing for Penn State fans everywhere. Smith and the guys are coming off a much-needed win last week on the road at Michigan State, and the blue and white will use the momentum to get another win against the Huskers under the lights at Beaver Stadium on Senior Day.
Both teams are on their backup quarterback at this stage in the season, but I don’t expect the offenses to struggle to score points. Kaytron Allen and Nick Singleton are both hungry as they are chasing program records. Penn State’s defense will need to do its best to contain Nebraska running back Emmett Johnson through four quarters if the Nittany Lions want Rhule to leave his alma mater with a loss.
Jamie Lynch (4-6): Penn State 35, Nebraska 21
I think Penn State is going to shine on Saturday. The pencil is sharp, and the team will continue to write its story.
Under the lights at Beaver Stadium, this group will keep proving to the world that they are not quitters. Look for the players to feed off the crowd energy, and for the defense to maintain its upward trajectory. I expect a strong offensive showing as well, with Kaytron Allen wanting to break the rushing record on his home turf.
Jason Perry (3-3): Penn State 31, Nebraska 24
I want to start by congratulating Terry Smith on his first win as head coach. No matter what direction Penn State decides to go next year, it would be nice to keep Smith on the staff. After he leads the team to another win this Saturday night, and there’s no doubt in my mind that he will, he has a strong case to keep that head coaching job for himself.
Nebraska will not be an easy opponent by any means, but I’m confident in this Nittany Lion defense to shut down a team that hasn’t scored more than 30 points in a game since early October and is playing with a backup quarterback. If the offense plays like it did against Michigan State, I expect Penn State to walk out of Beaver Stadium with the win.
Brandon Collica (4-0): Penn State 27, Nebraska 20
Penn State, coming off a big win against Michigan State, will look to continue its newfound streak against the Cornhuskers of Nebraska. Nebraska quarterback Dylan Raiola is out for the season, which will lead to the Nittany Lions’ victory and Terry Smith’s second career win.
Karlee Feger (3-1): Penn State 21, Nebraska 10
I think Penn State is going to close out its last home game on top. Coming off an exciting win for coach Terry Smith, this team has a new fire. As Grunkemeyer gains more confidence each game and Kaytron Allen is creeping in on becoming the all-time career rushing yards leader for a Penn State running back, this team is more motivated than ever to finish the season strong.
Brian Kriley (1-1): Penn State 24, Nebraska 10
Penn State was able to finally gain momentum and secure its first Big Ten win last week. Most of the Nittany Lion offense went through Kaytron Allen on the ground, and they should be able to keep that going against a bad Nebraska run defense. Ethan Grunkemeyer is looking more comfortable as he gets more in-game reps, and he should be fine enough to manage the game. On the other side of the ball, Penn State’s defense has had a really strong last couple of games. With a backup quarterback, I don’t see Nebraska getting much going on offense, and Penn State should be able to send the Cornhuskers packing with a comfortable win on Senior Day.
Ericka Apolskis (1-2): Penn State 27, Nebraska 10
Nittany Lions by a million.
Melanie Thalhimer (0-2): Penn State 28, Nebraska 14
After the emotions of last week’s win, I’m hopeful the Nittany Lions can pull off another one. Penn State was able to build solid momentum on both offense and defense, so if they carry that same energy into Saturday, I’m confident the team can give coach Terry Smith and the seniors one last win at Beaver Stadium.
Alexander Holmes (0-0): Penn State 17, Nebraska 10
The soon-to-be chilly night game at Beaver Stadium between Penn State and Nebraska should be exciting. This quarterback battle will be something no one wants to miss between Ethan Grunkemeyer behind the Penn State offense and the true freshman TJ Lateef behind the Nebraska offense. I believe Penn State wins this game 17-10. I don’t think the game will be high-scoring, primarily because of Penn State’s elite defense, but also because the Nittany Lions’ offense hasn’t been as hot as we’d like.
Oscar Orellana (4-6): Penn State 24, Nebraska 13
Penn State will build off its momentum gained against Michigan State and pull within one game of bowl qualification. The Nittany Lions will roll into Beaver Stadium for one last ride in 2025 behind Terry Smith while celebrating their seniors. It’ll be a special and emotional night for Penn State, which is why I think the boys will pull out the win. Kaytron will go for 150+ to break the all-time rushing record at home.
Cooper Cazares (4-6): Penn State 24, Nebraska 20
Penn State is riding a wave of momentum right now. With their back against the wall in a night game at Beaver Stadium, the Nittany Lions will roll to their second straight win on Saturday night. #BackItUpTerr #CoachT
Nebraska
Nebraska’s governor doesn’t carry a state-issued phone. Critics call it an abuse of state disclosure laws. – Flatwater Free Press
For more than two years, Nebraska Gov. Jim Pillen did not make or take a single call on his cellphone while on the clock as the state’s chief executive — at least none that there is any record of, according to his office’s top attorney.
After the Flatwater Free Press filed a public records request for call logs from Pillen’s cellphone dating back to September 2023, the governor’s general counsel said no such records exist.
“Governor Pillen does not have a state-issued mobile phone,” the lawyer, Michael J. Donley, said in an email earlier this month — more than four months after Flatwater filed the request.
The revelation marks Pillen’s latest step to shield his communications from public view. He broke with more than 30 years of gubernatorial practice by not releasing a public schedule in March 2023, just two months into his first term. And in August of that year, his office refused to release four of his emails in response to a public records request, citing “executive privilege” — a justification that does not exist in Nebraska’s public records laws.
“I don’t email, I don’t text,” the first-term Republican governor said in response to criticism from Democratic lawmakers over his refusal to release the emails. “Texting when it’s for anything other than logistics, I don’t do.”
His decision not to carry a state-owned cellphone makes him the first governor in at least 20 years not to do so — and, advocates say, amounts to an attempt to circumvent state law.
“It’s absurd to think that simply moving his business to a private cellphone means that none of those records are available to the public,” said Gavin Geis, the director of Common Cause Nebraska, a transparency-in-government watchdog group. “That’s just an abuse of the whole public records process.”
Flatwater sought the records after the online news outlet the Nebraska Examiner reported in January that Pillen had steered the Nebraska Department of Economic Development to award a $2.5 million no-bid emergency contract to a lobbyist who had joined Pillen on state trips to South Korea and Japan.
Flatwater also requested emails between Pillen’s chief of staff, Dave Lopez, and former state economic development officials, including one who told the Examiner that Lopez had provided input on the state’s contract with Julie Bushell, the lobbyist. That portion of Flatwater’s request, which covered an 11-day period last July, also yielded no records, according to the Governor’s Office.
Under Nebraska law, “all records and documents, regardless of physical form, of or belonging to this state” or local governments are a matter of public record — meaning Nebraskans have the right to examine them, with exceptions allowed for investigative police records, personal information, trade secrets and a host of other sensitive documents. The law does not explicitly say whether records from public officials’ personal devices or private email accounts are subject to the law, but prior attorneys general have held for decades that they are.
Pillen’s office repeatedly claimed that Flatwater’s request sought “a record which does not exist” but declined to elaborate. Laura Strimple, a spokeswoman for the governor, said Pillen’s office “is transparent, follows the law, and has diligently responded to the countless public records requests we receive, including several from your outlet.”
“If you choose to publish this non-story, your outlet will have demonstrated once again that it is more interested in political hits and sensationalism than news that matters to hardworking Nebraskans,” Strimple said in an email.
She did not respond to follow-up questions about whether the governor has ever used his phone for state business and whether his office would consider those calls a matter of public record.
Full statement from Gov. Pillen’s spokesperson
After Pillen’s general counsel said records of the governor’s cellphone calls don’t exist, Flatwater sought to understand whether Pillen’s office believes that records of public business stored on private devices are not a matter of public record, an interpretation breaking with decades of precedence. The attorney, Michael J. Donley, said his initial claim “was more limited than how (Flatwater) characterized it,” but did not respond to follow-up questions seeking clarification.
In response to more emails seeking clarity, Pillen’s spokeswoman, Laura Strimple, said:
“If you want a response beyond what we have already told you, then you’ll print in full that:
- Governor Pillen’s administration is transparent, follows the law, and has diligently responded to the countless public records requests we receive, including several from your outlet.
- As we have repeatedly informed you, your public records request asked for a record which does not exist. We have fulfilled the parameters of your request with that answer.
- If you choose to publish this non-story, your outlet will have demonstrated once again that it is more interested in political hits and sensationalism than news that matters to hardworking Nebraskans.”
State law also requires Pillen’s office to maintain a file of all letters it sends denying records requests, and for that file to be made available to any person on request. Donley did not respond to multiple Flatwater requests to review the file, in conflict with the law.
Reporters often use the state’s public records law to find out who government officials are communicating with via phone, email and text.
In 2013, the Omaha World-Herald used call logs obtained under the law to reveal Nebraska’s then-lieutenant governor, Rick Sheehy, had made 2,300 phone calls on his state-issued phone to four women other than his wife, one of whom told the paper she had a four-year affair with Sheehy. He resigned a day after The World-Herald contacted him about its findings.
Such probes have historically not been limited to communications stored on state-owned devices.
In 1997, then-Attorney General Don Stenberg issued an opinion declaring that “public records need not be in the physical possession of an agency to be subject to disclosure under state records acts.”
Lawyers in then-Attorney General Jon Bruning’s office cited Stenberg’s opinion in 2012 when the office determined that members of the Gage County Board of Supervisors were obliged to turn over emails from their private accounts in response to a request from the Beatrice Daily Sun, which sought emails between the board and the county’s medical director, who had resigned.
In 2015, lawyers in then-Attorney General Doug Peterson’s office directed Omaha Mayor Jean Stothert, a Republican, to turn over texts she had sent on her personal phone to City Council members. “It seems to us that the records at issue here are those pertaining solely to the City’s business,” Peterson’s office wrote. “There is no right of privacy for matters that are not private.”
The Nebraska Association of County Officials, a nonprofit that serves and lobbies for all 93 of the state’s counties, tells its members the same. A presentation from the organization’s 2025 annual conference warned that text messages dealing with the public’s business “will be considered a public record.”
A spokeswoman for Mike Hilgers, Nebraska’s current attorney general, declined to say how he advises state agencies on public records stored on private devices. Neither Bruning nor Peterson, both Republicans, returned phone calls seeking comment.
Max Kautsch, a Kansas-based First Amendment rights and open government attorney who also practices law in Nebraska, said Pillen “is gambling that there will be no political consequence from narrowly construing the law.”
“In Nebraska, there is a collective hunch that public officials cannot conduct the public’s business on private devices,” he said. “But the governor wants to push back on what the consensus is on the law. The Legislature should make his obligation clear.”
Courts and attorneys general in other states have largely agreed. A 2014 study from Oklahoma State University found that courts and attorneys general in 18 states had addressed access to public records on private devices. In 15 of those states, authorities held that such records were open to public inspection.
That interpretation isn’t universal. Kentucky’s Supreme Court recently zagged, ruling 4-2 in April that public officials don’t have to disclose records of government business conducted on their private phones.
David Cuillier, director of the Joseph L. Brechner Freedom of Information Project at the University of Florida, called the Kentucky case “an outlier,” not the start of a trend. “At least I hope not — because it’s ludicrous to say that government employees and officials can do government business secretly just by using their own laptop or cellphone or Gmail or Yahoo account,” he said. “That defeats the whole purpose of public records laws.”
In Nebraska, Pillen’s decision to eschew a state-issued phone marks a break with at least two decades of precedent.
Former Republican Govs. Pete Ricketts, who preceded Pillen, and Dave Heineman, who served from 2005 to 2015, confirmed to Flatwater that they had state-owned mobile phones that they used for state business. Heineman, who served as lieutenant governor under Gov. Mike Johanns, said he believed Johanns had one, too.
Johanns, who was governor from 1999 until 2005, did not return emails seeking confirmation. Nor did former Gov. Kay Orr, who served one term as governor starting in 1987.
Former Gov. Ben Nelson said he may have been Nebraska’s first governor to carry a mobile phone after his election in 1990. The technology was in its infancy, and mobile phones were so big that a state trooper carried it for him, he recalled.
The Democrat couldn’t remember ever receiving a public records request for his call logs, he said. He took more heat from reporters over his public appearance schedule — something for which Pillen was criticized in 2023 for not making available to the press, breaking with more than three decades of practice.
Nelson faced a different kind of criticism, he said. He recalled a reporter asking about the frequent weekend hunting trips detailed on his calendar.
“The people of Nebraska — they’re telling me they want less government, so I’ve been trying to give it to them,” Nelson recalled saying.
The room filled with laughter, and the reporter who had asked about the trips looked sheepish, Nelson said.
“But the point is,” he said, “she knew my whereabouts.”
Nebraska
Nebraska Dept. of Agriculture proposes ban on food and beverages containing any amount of THC
LINCOLN, Neb. — A public hearing Thursday drew strong opposition to proposed rules that would label food adulterated and illegal if it contains any amount of THC and its derivatives, potentially decimating Nebraska’s hemp and CBD industry.
The regulations would affect products like gummies, beverages and oral tinctures. Over 490 people wrote in opposition to the new regulations, while only three supported them.
The rule changes stem from an executive order issued by Gov. Jim Pillen in January requiring state agencies to review laws regarding the use of synthetic THC in food and beverages. The order was made to align with federal law coming in November 2026, which bans synthetic THC products and limits total THC concentrations in hemp products to not exceed 0.4 milligrams per container.
The proposed Nebraska rule goes beyond that federal standard.
“I would say it’d be similar other than it does say no THC. It is zero THC,” said Andrew Bish, chief operating officer of Bish Enterprises. “It’s not we are deferring to the federal government standard and aligning with the federal government standard. It is, in fact, a different standard.”
Fifteen speakers testified during the hearing, with many calling for the Department of Agriculture to regulate the industry rather than enforce outright bans.
“I respectfully urge the department to pursue a balanced science-based approach that protects public safety, targets specific problems, strengths and standards where necessary and holds bad actors accountable without unnecessarily eliminating access to products that may Nebraskans find valuable and beneficial,” said Dr. Andrea Holmes, a professor of chemistry at Doane University.
Many who testified were shop owners who said the regulations would result in major business losses and reduced state revenue.
“In 2025, we pay over $1 million in sales tax. We expect to be over $1.3 million in 2026,” one speaker from The Cannabis Factory said. “We’re not opposed to regulation, or oversight, or even additional taxation.”
The Department of Agriculture will review comments and decide if any changes need to be made. If not, the regulations go to the attorney general and the governor for approval.
The regulations include a carve out for the medical cannabis acts, meaning people with medical cannabis cards could get prescriptions that would not be affected by this proposed regulation change.
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Nebraska
Disaster declaration sought for May storm damage in Nebraska
Nebraska Gov. Jim Pillen said Thursday that he has asked President Donald Trump to issue a major disaster declaration for damage caused by storms that hit the state May 15-18.
The storms spawned tornadoes and flash flooding across Buffalo, Fillmore, Gage, Howard, Jefferson, Nemaha, Thayer and Thurston counties. There were numerous downed power poles and lines as well as extensive damage to schools, building and roadways. Damage just to public infrastructure is estimated at nearly $5 million.
In addition to the disaster declaration request, Pillen said he also has requested access to the Hazard Mitigation Grant Program, which provides funding to governments to allow them to rebuild in ways that will reduce or mitigate future disaster losses. Approval would allow the state to apply for such grants.
Thursday’s disaster declaration request is the second in two months. Back in May, Pillen requested one for historic wildfires in March that impacted Arthur, Garden, Grant, Lincoln and Morill counties. At the time of the request, it was estimated there was at least $9.7 million in damage from the fires, which were the worst in Nebraska’s history.
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