On Tuesday attorneys of a trooper from Nebraska who was fired because he joined a group linked with the Ku Klux Klan told the state Supreme Court that his free speech rights have been violated.

Former trooper Robert Henderson’s attorney said in the briefs filed with the state Supreme Court that his client was wrongly fired and had his free speech rights violated.

He also said that Henderson didn’t break a state policy due to the fact that he never treated anyone differently based on race.

According to an attorney in state Attorney General Jon Bruning's office, the fact that Henderson had ties with the KKK means that there is a breach of a policy: that officers be objective enforcers of the law and offer public confidence.

Assistant Attorney General Tom Stine said in written arguments: "Employing as a state law enforcement officer someone who espouses a personal conviction that race makes a difference in how people should be treated, and who aligns himself with ... the KKK cannot, under any circumstances, be consistent with public policy ... to encourage public confidence in our law enforcement officers and treat all citizens equally," the Associated Press reports.

“A man who embraces racism and white supremacy shouldn't be allowed to carry a gun and a badge,” said Bruning after the arguments.

Henderson was fired in 2006 from the patrol force after it was discovered that he had joined a racist group and posted messages on its Web site.

According to Henderson, he joined the Knights Party in June 2004 after he separated from his wife, who left him for a Hispanic man.

The Knights Party describe themselves as the most active Klan organization in the U.S.

Henderson’s firing was overturned by Arbitrator Paul J. Caffera from New York who said that he had the right of free speech and that his contract was violated by the state when he got fired "because of his association with the Knights Party ... and the Ku Klux Klan."

Henderson was a patrolman for 18 years.

Caffera told the patrol to reinstate Henderson within 60 days and give him his wages.

That decision was appealed by Bruning’s office and was won in Lancaster County District Court.

Henderson appealed the decision. His attorney says that there is no evidence his client committed any actual racist acts.

Vincent Valentino, Henderson’s attorney, said in written arguments that his client was never accused of such acts and his work data indicated that he never got involved in racial acts.

Valentino said: "Since ... Henderson has never deprived anyone of any right, privilege, liberty, property or employment because of race, he has not violated the public policy identified by the district court,"

After the ruling from the state Supreme Court the state Police Standards Advisory Council will hold a hearing about revoking Henderson’s certification as a law enforcement officer.