In a significant legal decision, the Michigan Court of Appeals upheld the constitutionality of the state's anti-terrorism threat law, a ruling that will continue to allow prosecutors to charge individuals with threats of terrorism. Michigan Attorney General Dana Nessel expressed approval of the court’s decision, stating, "This decision marks a critical victory for public safety." She emphasized the statute’s significance in preserving stability within Michigan communities, according to a report published on the official Michigan government website.
Earlier this year, the Michigan Supreme Court vacated a March decision by the Court of Appeals, which had declared the statute unconstitutional since it did not require evidence of the accused's subjective understanding of the threatening nature of their statements. The Supreme Court then sent the case back to the Court of Appeals for further consideration. Following the remand, the Court now maintains that the statute is constitutional, specifying that prosecutors must prove that the defendants recklessly made a threat related to an act of terrorism and communicated this threat to another person.
The controversial statute, enacted in 2002, covers both threats and false threats of terrorism. It has been a critical tool for Michigan law enforcement to address and prevent acts designed to spread fear or chaos among the civilian population. The direct implication of this appellate ruling is that the law remains in force, and those found making terrorist threats can be prosecuted under Michigan's legal framework.
Attorney General Dana Nessel previously filed an amicus brief at the Michigan Supreme Court in support of an emergency application by the Wayne County Prosecutor to uphold the law. Nessel argued that, contrary to the Court of Appeals' earlier decision, the prosecution already bears the responsibility to prove the intent behind the threat. "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," Nessel told as part of the announcement by the Attorney General's office.
