The Michigan Court of Appeals upheld the state’s anti-hazing law this week in the first challenge to the constitutionality of the policy to reach that level.
The case involves an alleged 2021 fraternity hazing incident at Michigan State University in which one pledge died of alcohol poisoning and three others were hospitalized.
Prosecutors then charged the fraternity member described as “pledge master” under what’s known as Garret’s law. The 2004 policy states, “a person who attends, is employed by, or is a volunteer of an educational institution shall not engage in or participate in the hazing of an individual.”
The defense fought the decision to take the case to trial and argued the anti-hazing law itself was unconstitutional.
One claim argued the policy violated First Amendment rights to free assembly and the 14th Amendment’s “Equal Protection Clause” by drawing lines between different student groups. That’s on top of arguing the 2004 law was “vague and overbroad.”
All three judges on the appellate court rejected those arguments.
Regarding the First Amendment challenge, the court’s opinion wrote that protections only apply to “orderly activity.”
“It does not extend to conduct that deliberately or recklessly endangers the physical health or safety of current or prospective members,” Judge Matthew Ackerman wrote in the court’s opinion upholding the charges.
On the issue of vagueness, the court also didn’t buy the defense’s argument.
“We conclude that a person of ordinary intelligence could understand what the statute prohibits,” Ackerman wrote.
The defense could still appeal the matter to the Michigan Supreme Court.
If convicted, the defendant could face up to 15 years in prison and a $10,000 fine.
The Ingham County Prosecuting Attorney’s office declined to comment since the case is still ongoing.
An emailed request for comment sent to the defense attorney was not answered by deadline.
