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
Michigan Forfeiture News Articles
Can the police sieze your belongings and hold it without charging you with a crime?Civil asset forfeiture is a legal process that allows law enforcement agencies in Michigan to seize property they suspect is connected to criminal activity, even if the owner hasn't...
What Happens When the Government Takes Your Property?
Can the police sieze your belongings and hold it without charging you with a crime?Forfeiture laws in Michigan allow the government to seize property – like cash, cars, or even houses – if they believe it was involved in a crime. This can happen even if the owner...
More
People v. Bosworth – A Murder Conviction and Its Aftermath
Michigan Court of Appeals: People v. Bosworth The case took a dark turn during the early hours of August 3, 2020. Background and Basic Facts On June 15, 2020, Aquae Keyes was tragically murdered. Jakari Robinson, initially arrested for the murder, was later released...
Michigan Appeals Court Decision on Cannabis Use and Probation
Michigan Court of Appeals - Recreational Cannabis Use and ProbationRecently, another pivotal case, People v. Lopez-Hernandez, was decided by the Michigan Court of AppealsAt Komorn Law, we are dedicated to protecting the rights of our clients and staying at the...
Facial Recognition and Wrongful Arrests
Facial RecognitionHow Technology Can Lead to Mistaken-Identity Arrests Facial recognition technology has become increasingly prevalent in law enforcement, but its use raises critical questions about civil liberties and accuracy. One landmark case sheds light on the...
Government Drones in Your Life – Yes, They Made up a Reason
Long Lake Township v. Maxon The Costs Outweigh Benefits in Exclusionary Rule Application and the Slippery Slope of Fourth Amendment ProtectionsThe recent decision by the Michigan Supreme Court in Long Lake Township v. Maxon represents a significant shift in the...
Oakland County Sheriff’s deputy fatally shot in ‘ambush’ while following stolen car
Oakland County Sheriff's deputy fatally shot in 'ambush' while following stolen carA deputy investigating a stolen car was shot to death Saturday night in Detroit in what Oakland County Sheriff Michael Bouchard called an ambush. Oakland County Sheriff's Deputy Bradley...
This drug will eat your flesh turn your skin green and it’s in Michigan
This illicit drug will eat your flesh, turn your skin green, scaly and it's in MichiganWe did not post any pictures depicting the results of abuse because it is horrifying. If you must see - Google for images of Krokodil.Authorities are warning to be cautious of...
