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)
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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.
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