LANSING, Mich. — An 18-year-old Michigan State University student is facing charges after allegedly posting a threat of “another school shooting” on social media. Hope Duncan, a political science major, was arrested and charged with False Report or Threat of Terrorism and Using a Computer to Commit a Crime.
Duncan’s attorney, Mike Nichols, is now requesting the case be dismissed, citing a recent ruling by the Michigan Court of Appeals. Last week, the court declared that the statute under which Duncan was charged, the False Report or Threat of Terrorism law, is unconstitutional.
“Count one dies because the statutes are not constitutional,” Nichols said. “Count two dies with it. The case never should’ve been brought like this.”
Nichols argues that while Duncan’s social media post was inappropriate, it does not meet the legal threshold for a terrorism threat. He claims the statute is too broad and infringes on First Amendment rights, as evidenced by the court’s recent decision in the case of Michigan v. Michael Joseph Kvasnicka, which declared a similar charge unconstitutional.
“The way it was drafted, it covers too much language that would otherwise be protected by the First Amendment,” Nichols stated. “And that’s exactly what this was from what I can tell.”
Despite the legal arguments, prosecutors maintain that Duncan’s post was a serious and unlawful threat, especially given the tragic shooting at Michigan State University that occurred two years ago, which claimed the lives of three students. Duncan’s post came just weeks after the second anniversary of the incident, heightening sensitivities around threats involving violence on campus.
Nichols, however, expressed his understanding of the pain the MSU community has endured but emphasized that the response to Duncan’s actions was disproportionate. He also criticized the decision to place his client under house arrest with an ankle monitor while she awaits trial.
“It basically tracks your whereabouts, and you can’t go certain places as a condition of bond, and it should only be used in really serious cases like where there are allegations of someone who is a rampant sex offender or a threat to somebody,” Nichols said.
Duncan, who was kicked out of school after her arrest, has posted bond. However, Nichols argued that the conditions of her release, including the ankle monitor, are unfair given the nature of the charges.
“She’s a really good kid, and her parents are going through hell needlessly,” Nichols added.
As the case moves forward, the debate over the balance between public safety and free speech will likely continue to be a central theme. Legal experts will be watching closely to see if the courts ultimately uphold the appeal court’s ruling or if Duncan will face the full weight of the charges.
Duncan’s bond has been set at $20,000, and her legal team is preparing to challenge the charges in court. The case has already sparked a wider conversation about the limits of free speech and the appropriate legal response to online threats, particularly in the wake of real-life tragedies such as the MSU shooting.
