Making terrorist threat or false report of terrorism is free speech?

Making terrorist threat or false report of terrorism is free speech?

Feb 17, 2025 | Michigan Court of Appeals, Michigan News

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)

COA 371542 PEOPLE OF MI V MICHAEL JOSEPH KVASNICKA Opinion

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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.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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Washtenaw County Policy Directive 2025-01

POLICY REGARDING QUANTITATIVE DRUG CHECKING

Introduction

The overdose crisis in America has persisted for decades, resulting in profound loss and suffering across the nation. Since 1999, opioid overdoses have tragically taken the lives of more than a million individuals, and the number of drug overdose deaths continues to escalate each year. This heartbreaking reality affects every community, leaving no place untouched by the repercussions of this ongoing tragedy.

Don’t worry about it

Wastenaw County will check your drugs and you won’t be charged.

Read the release here

Washtenaw County -Policy 2025-01 – Quantitative Drug Checking Policy

Also Washtenaw County, several sites and governmental agencies offer free naloxone—a “safe and life-saving  medication designed to reverse an opioid overdose.”

Choose your drugs wisely

Naloxone (Narcan) only works on overdoses caused by opioids. This family of drugs includes prescription painkillers like OxyContin, fentanyl, methadone, and Vicodin, as well as street drugs like heroin.

Naloxone will not reverse overdose resulting from non-opioid drugs, like cocaine, benzodiazepines (“benzos”), or alcohol.

More info

Will Narcan Work on Cannabis “Overdoses”?

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Want more info Go here –>More info (According to Dabbin Dad)

More links about related stuff

Komorn Law (248) 357-2550
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Naloxone FAQs

What is naloxone?
Naloxone, also known as naloxone HCL or Narcan, is a medication approved by the FDA that effectively counteracts the life-threatening effects of an opioid overdose by blocking brain receptors and enabling the restoration of normal breathing.

What is an opioid?
Opioids are powerful medications that effectively alleviate pain by dampening the intensity of pain signals sent to the brain, while also influencing brain regions that govern emotional responses, thereby lessening the perception of pain.

Examples of Opioids:

  • Morphine(MS Contin®)
  • Codeine
  • Hydrocodone (Vicodin®, Norco®)
  • Hydromorphone (Dilaudid®)
  • Oxycodone(Percocet®, OxyContin®)
  • Oxymorphone (Opana®)
  • Fentanyl (Duragesic®)
  • Buprenorphine(Subutex®)
  • Methadone
  • Heroin

Who should carry naloxone?
In 2018, the United States Surgeon General Dr. Jerome Adams issued a vital public health advisory that emphasized the essential role of naloxone in saving lives, encouraging various individuals to not only carry naloxone but also to receive training in its effective use.

  • Individuals taking high doses of opioids as prescribed for the management of chronic pain.
  • Individuals taking prescription opioids concurrently with alcohol or sedating medications (i.e. benzodiazepines).
  • Individuals misusing prescription opioids or using illicit opioids such as heroin.
  • Individuals with a history of opioid use disorder.
  • Individuals completing opioid detoxification.
  • Individuals recently discharged from emergency medical care following an opioid overdose.
  • Individuals recently released from incarceration with a history of opioid use disorder.
  • Family and friends of people who have opioid use disorder.
  • Community members who come into contact with people at risk for opioid overdose.

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KOMORN LAW (248) 357-2550

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Am I eligible to apply to expunge a criminal record? Is it automatic?

So your new girlfriend has a criminal record and you can’t get that apartment together. If that’s really what you want to do, then here’s some information to get that record expunged.

What is an expungement?

Michigan Law has long provided that individuals convicted of most state criminal offenses could be expunged or set aside, under certain circumstances and if certain pre-conditions are met. Offenses that could not be expunged or set-aside included offenses like murder, criminal sexual conduct or any traffic offense. When a record is expunged or set aside it no longer becomes accessible to public records so employers and others cannot locate them, however, the records are still accessible in a non-public record which is available to law enforcement agencies.

Limitations

There are certain limitations to the process of setting aside a conviction, including factors such as the total number of convictions you hold, the specific nature of those convictions, and the timeframe in which the convictions occurred.

This only applies to Michigan convictions. NOT federal or out-of-state convictions.

Choose wisely

There is no limit to the number of misdemeanors that can be set aside in your lifetime, while you may have the opportunity to set aside up to three felonies in your lifetime. However, certain types of convictions may impose additional restrictions on the number of convictions that can be set aside.

For some situations multiple convictions may be counted as one. Hence the “One Bad Night Rule”

There is a list of links to answer question, forms, contacts and more at the end of this article. If you want an attorney to do it then it’s going to be costly and it may be worth it.

One Bad Night Rule

To qualify under this rule, the convictions must stem from the same series of events occurring within a 24-hour timeframe, and none of the convictions can be for:

  • An assaultive crime
  • A crime with a maximum sentence of 10 or more years’ imprisonment
  • A crime involving the use or possession of a dangerous weapon

A dangerous weapon is any of the following:

A firearm, whether loaded or unloaded and regardless of its functionality, as well as knives, stabbing instruments, brass knuckles, blackjacks, clubs, and any other objects specifically intended for use as weapons.

An object that has the potential to cause death or serious injury when wielded or carried as a weapon or something that is created or used to deceive an individual into believing it is one of the aforementioned weapons.

If you have multiple felony convictions that fall under the one bad night rule, those convictions will be counted as only one felony. For instance, if you have four felony convictions total and two of them qualify for this rule, you could still potentially set aside your convictions since your total would be considered three instead of four.

Komorn Law (248) 357-2550
Criminal Defense | DUI | Traffic Tickets | Business | Family Law

Check on an Automatic Expungement

Visit ICHAT to check your record to determine if your conviction was automatically expunged.

If your record was not automatically expunged and you believe it should have been, you will need to email the Michigan State Police Department.

Check Your Record Now

Excluded Offenses

  • All offenses punishable by life imprisonment
  • Assault with intent to commit criminal sexual conduct
  • Child sexually abusive material or activity offenses
  • Felony domestic violence if the person has a previous misdemeanor conviction for domestic violence
  • Fourth-degree criminal sexual conduct (committed after January 12, 2015)
  • Human-trafficking related offenses
  • Second-degree child abuse
  • Second-degree criminal sexual conduct
  • Some traffic offenses such as: convictions for driving while intoxicated, traffic offenses that cause injury or death, and commercial driver’s license violations
  • Terrorism-related offenses – includes convictions for attempts to commit any of these offenses
  • Third-degree criminal sexual conduct
  • Using a computer to commit sex crimes offenses

Excluded Convictions

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Expungement Process

Currently, the entire expungement process can take up to eight months.

Application and Process Frequently Asked Questions

Links

Forms And Instructions

Agency Contacts

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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State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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Research us and then call us.

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