Today, the Michigan Supreme Court overturned a recent decision by the Michigan Court of Appeals, which had declared the state's anti-terrorism statute unconstitutional. This action temporarily retains the statute from 2002 that criminalizes both threats and false threats of terrorism.
The Michigan Supreme Court ordered the Court of Appeals to revisit its decision, addressing specific questions and considerations. Attorney General Dana Nessel, who had earlier submitted an amicus brief supporting the preservation of the law, announced the court's decision. "The anti-terrorism law is a vital tool for holding accountable those who make serious threats in our state," she stated.
In the original ruling, the Court of Appeals had found the statute unconstitutional as it didn't require proof of a defendant's awareness of the threatening nature of their statements. Nessel argued it was incorrect, asserting the law already mandates prosecutors to demonstrate a defendant's intent to intimidate or coerce.
The Court of Appeals is now tasked to reassess its judgment, addressing whether a limiting construction could resolve any constitutional issues and determining if the Wayne County Circuit Court exercised discretion improperly in its case dismissal.