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Michigan Supreme Court to hear First Amendment challenge to a state law regarding terrorist threats

Michigan Supreme Court
Rick Pluta
/
MPRN
Michigan Supreme Court

The U.S. Supreme Court has ruled limiting one’s speech requires the prosecution to prove a guilty mindset. Michigan’s law doesn’t explicitly mention that

The case involves a Wayne County man who was charged after allegedly threatening violence at a school.
 
The defense argues Michigan’s law against terrorist threats is unconstitutional since it doesn’t specify someone has to knowingly make a threat to be guilty.
 
And the U.S. Supreme Court previously ruled that having a guilty mindset was necessary for limiting First Amendment free speech rights.
 
Despite first ruling the Michigan law appeared to fall short of that test, the state Court of Appeals eventually found there was an implied requirement that did pass muster.
 
Now, the Michigan Supreme Court will decide if that was the right approach.

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