Michigan Supreme Court Vacates Court of Appeals Ruling of State Anti-Terror Statute

Michigan Supreme Court Vacates Court of Appeals Ruling of State Anti-Terror Statute

Michigan Supreme Court Vacates Court of Appeals Ruling, Temporarily Preserves State Anti-Terror Statute

If 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) 357-2550

March 28, 2025 -The Michigan Supreme Court vacated a ruling from the Michigan Court of Appeals that declared the state’s anti-terrorism statute unconstitutional, announced Michigan Attorney General Dana Nessel. Today’s ruling preserves the 2002 statute, which criminalizes threats and false threats of terrorism, and orders the Court of Appeals (COA) to reconsider their ruling under specific questions and considerations from the state Supreme Court. 

Earlier this month Attorney General Nessel filed an amicus brief (PDF) at the Michigan Supreme Court in support of the emergency application filed by the Wayne County Prosecutor to preserve the law. 

Today’s order from the Michigan Supreme Court (PDF) vacated the COA’s judgment, keeping the judgment from affecting current criminal cases, and remanded the case to that Court for further consideration. Specifically, the Court instructed the COA to assess its judgment in light of MCL 750.543z and the Constitutional-Doubt canon. The COA is also ordered to address whether imposing a limiting construction would remedy any constitutional deficiency, what the limiting construction should accomplish, and whether the Wayne County Circuit Court abused its discretion in dismissing the case.  

“The anti-terrorism law is a vital tool for holding accountable those who make serious threats in our state,” Nessel said. “While the case has been remanded for further consideration, I am hopeful that this decision brings us closer to correctly reaffirming the law’s constitutionality and preserving the ability of prosecutors across Michigan to protect public safety.” 

The Court of Appeals had ruled in March that the statute in question is unconstitutional because it does not require proof that the defendant subjectively understood the threatening nature of the statements or acted recklessly when making them. Attorney General Nessel argued to the Michigan Supreme Court in her amicus brief that the Court of Appeals’ decision is clearly erroneous, as prosecutors are already required through the statute to prove charged defendants intended to intimidate or coerce a civilian population or sought to influence or affect government conduct through intimidation or coercion.

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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Free Speech, Terror and Michigan Law

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Michigan Supreme Court Vacates Court of Appeals Ruling, Temporarily Preserves State Anti-Terror Statute

If 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) 357-2550

On March 28, 2025, the Michigan Supreme Court issued a consequential order in People v. Kvasnicka, directing the Court of Appeals to reconsider its ruling that Michigan’s anti-terrorism statute—MCL 750.543m—violates the First Amendment. The order raises profound questions about the boundaries of protected speech and the state’s power to criminalize communications that may be perceived as threatening.

At Komorn Law, we believe these questions lie at the heart of a constitutional democracy. The First Amendment is not optional—it’s essential. Our firm has long stood as a bulwark against the encroachment of vague and overly broad criminal statutes that chill free expression under the guise of public safety.

The Legal Background

The case centers around MCL 750.543m, Michigan’s anti-terrorism statute, which criminalizes the making of threats and false threats of terrorism. The statute came under fire when the Michigan Court of Appeals found it unconstitutional for failing to require proof that a defendant subjectively knew their statements could be interpreted as threats of violence.

This reasoning echoed the U.S. Supreme Court’s decision in Counterman v. Colorado, 600 U.S. 66 (2023), which held that true-threat prosecutions must prove that the speaker had a culpable mental state—such as recklessness—about how their words would be perceived.

Rather than affirming or reversing that ruling outright, the Michigan Supreme Court vacated the Court of Appeals’ judgment and sent the case back for a more nuanced analysis. The Court directed the lower court to re-examine the statute in light of:

  1. MCL 750.543z, which bars prosecution of conduct “presumptively protected” by the First Amendment;
  2. The constitutional-doubt canon, a legal doctrine instructing courts to interpret statutes in a way that avoids constitutional conflict;
  3. The possibility of adopting a limiting construction to save the statute from invalidation; and
  4. Whether the trial court’s dismissal of the case without prejudice was procedurally improper while an appeal remained pending.

This remand opens the door for Michigan’s judiciary to refine the balance between public safety and individual liberty—especially where political speech, hyperbole, or artistic expression may be misconstrued as threatening.

The State’s Position

Attorney General Dana Nessel, who submitted an amicus brief supporting the Wayne County Prosecutor, celebrated the high court’s ruling as a preservation of an “important public safety tool.” Her office argued that the statute already requires proof of intent to intimidate or coerce, thereby satisfying constitutional standards. But the Supreme Court did not endorse that view outright—leaving the Court of Appeals with a mandate to dig deeper.

Free speech isn’t free if fear of prosecution suppresses lawful expression.

Why This Matters 

Free speech isn’t free if fear of prosecution suppresses lawful expression. Vague laws that do not distinguish between actual threats and controversial, political, or even offensive speech risk turning our criminal courts into censors. This case—while still developing—has the potential to shape how Michigan protects or prosecutes speech going forward.

Komorn Law

At Komorn Law, we understand the stakes. We have represented clients whose words were taken out of context, misunderstood, or weaponized by the state under overbroad statutes. We fight to ensure that criminal charges do not become a substitute for political disagreement or public discomfort.

If you or someone you know is facing prosecution for speech-related conduct—whether online or off—we are here to defend your rights with constitutional precision and fearless advocacy.

See links and info below to court cases and laws here

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

Links

  1. Counterman v. Colorado, 600 U.S. 66 (2023)

(Held that “true threats” prosecutions require proof that the speaker was at least reckless regarding whether their statements would be interpreted as threatening.)

  1. MCL 750.543m – Michigan Anti-Terrorism Statute

(Defines criminal penalties for threats or false threats of terrorism in Michigan.)

  1. MCL 750.543z – Free Speech Protection Clause

(Prohibits prosecution or seizure for conduct presumptively protected under the First Amendment.)

  1. Sole v. Michigan Economic Development Corp., 509 Mich 406 (2022)

(Applies the constitutional-doubt canon: statutes should be interpreted to avoid constitutional conflicts.)

  1. People v. Burkman, 513 Mich 300 (2024)

(Addresses how courts may apply limiting constructions to save statutes from constitutional invalidation.)

  1. Osborne v. Ohio, 495 U.S. 103 (1990)

(Permits courts to narrowly construe statutes to avoid infringing on constitutional rights.)

  1. People v. Scott, 513 Mich 180 (2024)

(Discusses abuse of discretion when trial courts act on matters under interlocutory appeal.)

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Viridis Laboratories has faced ongoing allegations of exaggerating THC levels while minimizing the potential risks associated with cannabis.

If 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.

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A Michigan judge has found that Viridis Labs cannabis testing facilities run by ex-cops inflated and exxagerated THC levels violating testing results and misleading the public.

An administrative law judge has found that a cannabis testing company launched by three former Michigan State Police cops repeatedly violated state rules by using unapproved testing methods and failing to properly document laboratory procedures, despite warnings from regulators.

The decision marks the latest development in a years-long conflict between the state’s Cannabis Regulatory Agency (CRA) and Viridis Laboratories, which operates facilities in Lansing and Bay City and tests more marijuana than any other lab in Michigan.

In just one instance technicians incorrectly identified visible mold on a sample and approved it, referring to it as “mite poop,”…

The laboratories were founded in 2018 by Greg Michaud, the former director of the Michigan State Police forensic division, Todd Welch, a retired forensic scientist from MSP, and Dr. Michele Glinn, a former toxicologist for MSP. Nevertheless, shortly after they began to establish a presence in the industry, state regulators expressed concerns regarding potentially inflated THC levels and the failure to follow essential scientific protocols.

Stories of inflated THC levels have become so widespread that some consumers boycott cannabis products tested by Viridis, which critics say is often reporting suspiciously high potency.

The judge determined that Viridis breached several administrative regulations by straying from established testing protocols, neglecting to validate modifications to those protocols, and failing to keep sufficient records for microbial testing.

In one instance, technicians incorrectly identified visible mold on a sample and approved it, referring to it as “mite poop,” based on testimony presented during the hearing. Additionally, inspectors found that technicians were employing lower magnification levels than necessary when screening flower for foreign matter.

The significant regulatory gap came to light in late 2021 when Michigan enacted its largest cannabis recall to date, compelling over 400 dispensaries to remove an estimated $229 million worth of flower and edibles from their shelves after CRA investigators deemed Viridis’s test results untrustworthy. Numerous dispensaries expressed that the recall jeopardized their financial viability, creating a ripple effect that affected the entire cannabis supply chain throughout the state.

Viridis countered by initiating legal action against the state, alleging bias and regulatory overreach. The company’s legal team contended that the CRA unjustly targeted the labs and sought to undermine the business by disregarding industry standards and enlisting competitors in the inquiry.

The judge determined that there was insufficient evidence to substantiate these assertions. Although a CRA scientist had voiced personal reservations regarding the laboratory’s scientific methods, the ruling indicated that Viridis did not demonstrate any direct connection between the alleged bias and the actions of the agency. Furthermore, the tribunal acknowledged that CRA’s inspections were initiated by specific warning signs, including notably elevated THC levels, reports of moldy products being passed, and inconsistencies in microbial testing results.

Viridis’s Lansing lab demonstrated a remarkable 89% reduction in reported Aspergillus failures compared to other labs in the state, highlighting significant concerns regarding their reliability.

Despite the agency’s conclusions and the considerable backlash from the cannabis sector, Viridis continues to hold a substantial position in the market.

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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No Second Amendment Rights For You

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A federal judge in Michigan has ruled that a man with a prior misdemeanor conviction for domestic violence remains prohibited from possessing firearms under federal law, even though a Michigan state court had previously set aside that conviction.

Jeramy Wilburn, the plaintiff in the case, began acquiring firearms after his domestic violence conviction was set aside by the state court, believing he was once again eligible to do so. However, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) confiscated his weapons, asserting that he was still federally prohibited from owning them.

Wilburn subsequently sued the ATF and its Director, alleging violations of his Second Amendment rights and seeking a preliminary injunction to have his firearms returned.

U.S. District Judge Susan K. DeClercq sided with the government, granting their motion to dismiss Wilburn’s lawsuit and denying his request for a preliminary injunction. Judge DeClercq explained that under federal law, specifically 18 U.S.C. §921(a)(33)(B)(ii), a prior domestic violence conviction only ceases to be a bar to firearm ownership if the state procedure used to set aside the conviction “completely remove[s] all effects of the conviction.”

Citing the Tenth Circuit Court of Appeals’ decision in Wyoming ex rel. Crank v. United States, Judge DeClercq noted that the terms “expunged” and “set aside” in federal law are intended to be equivalent and require the complete removal of all consequences of the conviction.

The court found that Michigan’s law regarding setting aside convictions does not meet this federal standard. Judge DeClercq pointed out that Michigan law explicitly states that a conviction may still have various legal ramifications even after it has been set aside.

Therefore, Judge DeClercq concluded that “as a matter of statutory construction, the relief Wilburn received under Michigan’s set-aside procedure did not expunge or set aside his conviction for purposes of federal law.”

The 21-page ruling is titled Wilburn, et al. v. Bureau of Alcohol, Tobacco, Firearms and Explosives, et al.; MiLW No. 02-109059.

Link to the full text of the opinion

USCOURTS-mied-2_23-cv-13170-2.pdf 

Attorney Michael Komorn

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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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Small Business Compliance

  • Accrual Method: Employees accrue 1 hour of paid sick time for
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    defined as an employer having 10 or fewer employees.

How to determine if an employer is a “small business” under the ESTA?

  • All employees of the employer within the U.S. or its territories are included for purposes of the total number of employees.
  • An employer is considered a “small business” if it employs 10 or fewer
    employees. This includes full-time, part-time, and temporary employees
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When does an eligible employee begin to accrue earned sick time?

Small businesses will submit and obey Oct. 1, 2025, or upon commencement of the employee’s employment, whichever is later.

What notice must the employer provide to employees?

Sec. 8. (1) An employer subject to this act shall provide written notice to each employee at the time of hiring or not later than 30 days the effective date of the 2025 amendatory act that amended this section, whichever is later, including, but not limited to, all of the following:

  • The amount of earned sick time required to be provided to an employee under this act.
  • The employer’s choice of how to calculate a year as that term is defined under section 3.
  • The terms under which earned sick time may be used.
  • That retaliatory personnel action taken by the employer against an employee for requesting or using earned sick time for which the employee is eligible is prohibited.
  • The employee’s right to file a complaint with the department for any violation of this act.
  • The notice required under subsection (1) shall be in English, Spanish, and any language that
    is the first language spoken by at least 10% of the employer’s workforce, if the department has translated the notice into that language.

This act does not require an employer to:

This act does not require an employer that provides paid earned sick time at the beginning of a year as described in subsections (2) to (4) to do any of the following:
  • Allow an employee to carry over any unused earned sick time from 1 year to the next year.
  • Calculate and track an employee’s accrual of paid earned sick time.
  • Pay the employee the value of the employee’s unused accrued paid earned sick time at the end of the year in which the earned sick time was accrued.

Read the February 2025 Update Here (PDF)

The Law: EARNED SICK TIME ACT (EXCERPT) Act 338 of 2018

If you are charged with a crime

If you are charged with a crime you’re part of the State of Michigan family now. Your right to remain silent and request a lawyer exists as of the writing of this article.

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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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