Making terrorist threat or false report of terrorism is free speech?
The US Constitution and Michigan Constitution prohibit the government from making laws that abridge the freedom of speech
Summary
In the case of People of the State of Michigan v. Michael Joseph Kvasnicka, the Michigan Court of Appeals addressed the constitutionality of the state’s law on making a threat of terrorism, MCL 750.543m.
The defendant, Michael Kvasnicka, was charged under this statute after sending a social media message to a young girl, stating she was “not gonna be laughing once I come to your school and shoot it up or blow it up.”
Don’t worry about it
Kvasnicka moved to dismiss the charges, arguing that the statute violated his First Amendment rights. The trial court denied this motion, leading to an interlocutory appeal.
Upon review, the Court of Appeals unanimously found that MCL 750.543m was unconstitutional, determining that it infringed upon free speech protections guaranteed by the First Amendment.
Read this out loud to yourself
Upon review, the Court of Appeals unanimously found that MCL 750.543m was unconstitutional, determining that it infringed upon free speech protections guaranteed by the First Amendment.
750.543m Making terrorist threat or false report of terrorism; intent or capability as defense prohibited; violation as felony; penalty.
Sec. 543m.
(1) A person is guilty of making a terrorist threat or of making a false report of terrorism if the person does either of the following:
(a) Threatens to commit an act of terrorism and communicates the threat to any other person.
(b) Knowingly makes a false report of an act of terrorism and communicates the false report to any other person, knowing the report is false.
(2) It is not a defense to a prosecution under this section that the defendant did not have the intent or capability of committing the act of terrorism.
(3) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both.
Read the Court decision here (PDF)
Your First Amendment Rights Threatened?
Fight for your Constitutional Right.
Call Our Office
Komorn Law (248) 357-2550
And now for something completely different.
Other Posts
Sometimes our posts provide a general overview of things with opinionated sarcasm and dry humor by the writer to lighten the same old same old of other law sites. It does not substitute for legal advice. Anyone charged with a criminal offense should consult an attorney for specific legal guidance. BTW. True Fact: When Michael Komorn fights the justice system there is only one focus. You and your rights.
Recent
Domestic Violence Conviction Prohibits Gun Ownership
No Second Amendment Rights For YouIf you are charged with a crime you're part of the State of Michigan family now. Call us - Because you don't want to be a part of that family. Komorn Law (248) 357-2550A federal judge in Michigan has ruled that a man with a prior...
Update on Michigan’s Sick Time Act (Small Business Compliance)
Small Business Compliance Accrual Method: Employees accrue 1 hour of paid sick time forevery 30 hours worked, and unused paid sick time rolls over upto 72 hours, or 40 for a small business. Employers may limit theuse of earned sick time to 72 hours, or 40 for a small...
More
Public Defenders in Michigan – Qualifications and What They Do
Note: This is what they are supposed to do. Whether they give a damn about you and the outcome is up to the individual attorneyWhat it is supposed to beIn Michigan, public defenders play a vital role in the criminal justice system by providing legal representation to...
Whitmer’s $3B plan to fix Michigan’s roads calls for more taxes
Same Thing - Different DayWhitmer's $3B plan to fix Michigan roads calls for more corporate, marijuana taxes, taxes at the pump and you can just imagine the ones you don't know about.Michigan Governor Gretchen Whitmer has introduced a comprehensive three billion...
Earned Sick Time Act – 2025 New Laws in Effect for Michigan
Some laws in effect in 2025 "Enacted by the People of Michigan" Here we go...remember these laws can change at any moment because that's what the politicians do that you don't.Earned Sick Time Act Because everyone is sick...sometimes Read more on your own time.AN ACT...
New Michigan Laws Going Into Effect 2025
Making laws as fast as possible. Look over here...Not over there.Some of Michigan's new laws in 2025 include minimum wage increases, paid sick time, and automatic voter registration. Minimum wage The minimum wage in Michigan increased to $10.56 per hour on January 1,...
Qualifying for a Public Defender in Michigan
In Michigan, individuals charged with a crime have the constitutional right to legal representation.In Michigan, individuals charged with a crime have the constitutional right to legal representation. For those unable to afford a private attorney, the state provides...
Michigan Problem-Solving Courts Granted Nearly $19 Million
"Data show these programs strengthen communities by reducing crime, boosting employment"LANSING, MI, October 24, 2024 (Substance Abuse Prevention Month) – The Michigan Supreme Court announces that the State Court Administrative Office (SCAO) has awarded $18,823,910...
