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MI court: Jury should decide whether social media post was a threat

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The Michigan Court of Appeals says a case can go forward against a college student accused of making a terrorist threat via a social media post.

According to the facts as described in the decision, Lake Superior State University student Lucas Gerhard posted a picture on Snapchat. It showed him holding an AR-15 rifle with a bayonet attached.

The caption said -quote- “this outta make the snowflakes melt.”

He was charged after another student reported the post.

Philip Ellison is Gerhard’s defense attorney. He says there was no specific threat made and the post is protected free speech.

“Judges are supposed to step up and say, even if I don’t like what the person had to say, I still have to protect their right to say it.”

Ellison says the decision will be appealed to the Michigan Supreme Court and he may take the case to a federal court.