Wayne County Prosecutor Kym Worthy’s office is asking the Michigan Supreme Court to reverse a ruling that struck down the state’s terroristic threats law. The Michigan Court of Appeals ruled last week that the law is unconstitutional.
A three-judge panel unanimously ruled the law does not specifically require prosecutors to prove a statement or communication was intentionally threatening or reckless.
Special Assistant Prosecuting Attorney Timothy Baughman wrote the Court of Appeals decision missed the mark because even if that were the case, there are remedies that are not so broad as throwing out the entire law.
Baughman wrote “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.”
Defendant Michael Kvasnicka was charged with making a threat of terrorism and using a computer to commit a crime based on a social media message to a girl that mentioned shooting up her school. The appeals court opinion said the law was vague enough to allow jokes or hyperbole to be swept into its net.
The prosecutor not only asked the Supreme Court to take the case, but to put a hold on the appeals court ruling and to put the case on a fast track because a decision could affect criminal prosecutions across Michigan that are underway right now.
