Michigan’s Legal Battle: Terroristic Threats Law Faces Supreme Court Scrutiny
The Michigan Supreme Court has been urged to reconsider a contentious ruling that deemed the state’s law on terroristic threats unconstitutional. This comes as Wayne County Prosecutor Kym Worthy’s office challenges a recent decision by the Michigan Court of Appeals that invalidated the legislation.
Last week, the Michigan Court of Appeals, through a unanimous decision by a three-judge panel, declared the law unconstitutional. The panel stated that the legislation failed to mandate that prosecutors demonstrate a statement or action was made with intentional threat or recklessness. You can read more about the court’s decision here.
Timothy Baughman, Special Assistant Prosecuting Attorney, criticized the Court of Appeals’ decision, arguing that there were less drastic remedies than overturning the entire law. He emphasized, “the Court ignores completely its obligation to construe the statute as constitutional unless the attacking party shows that no set of circumstances exists under which the act would be valid.”
This legal battle centers around the case of Michael Kvasnicka, who was charged with making a threat of terrorism and using a computer to commit a crime. His charges stemmed from a social media message that suggested a potential school shooting, which the appeals court argued could encompass non-serious expressions like jokes or hyperbole.
The prosecutor’s office is not only seeking the Supreme Court to review the case but also to temporarily suspend the appeals court’s ruling. They are pushing for an expedited process, highlighting that ongoing criminal prosecutions across Michigan could be significantly impacted by the decision.
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