Yesterday, the Michigan Court of Appeals confirmed the constitutionality of the state’s anti-terrorism threat law. This announcement was made by Michigan Attorney General Dana Nessel. The decision follows a directive from the Michigan Supreme Court, which had previously vacated a March ruling by the Court of Appeals that declared the statute unconstitutional and sent it back for reconsideration.
“This decision marks a critical victory for public safety,” Nessel stated. “It makes clear that those who seek to spread fear and destabilize our communities through threats of terrorism can be held accountable. Our anti-terrorism threat law is a vital tool for my office and county prosecutors across the state, and this ruling ensures we can continue using it to uphold the law and protect the people of Michigan.”
The law, enacted in 2002, criminalizes both threats and false threats of terrorism. Initially, in March, the Court of Appeals ruled against it on grounds that it did not require proof that defendants understood or acted recklessly regarding their threatening statements. In response, Attorney General Nessel submitted an amicus brief to support Wayne County Prosecutor’s emergency application aimed at preserving the statute.
Nessel argued before the Michigan Supreme Court that the earlier decision was erroneous since prosecutors are required by statute to prove defendants intended intimidation or coercion towards civilians or government conduct. Consequently, in March, the Supreme Court vacated the judgment from affecting ongoing cases and returned it to the lower court for further examination.
The latest ruling by the Court of Appeals affirms the statute’s validity while clarifying that prosecutors must show defendants recklessly made threats involving acts of terrorism communicated to others.
