The prosecution of a Michigan State University student accused of posting an online threat to the campus community is moving forward after the Michigan Supreme Court reinstated the state’s anti-terrorism law.
Hope Duncan, an 18-year-old from Eastpointe, had been charged with making a false report or threat of terrorism and using a computer to commit a crime after she allegedly posted a Snapchat story saying there would be another shooting on campus.
A screenshot reviewed by WKAR shows that the message posted on the shared MSU 2028 story by an anonymous account read: “There’s going to be another shooting at Michigan State. I’m so glad. This school definitely deserves it and everyone here should die.”
But initially, it was unclear whether Duncan could be charged under the state’s terroristic threats law. The Michigan Court of Appeals had struck down the law in February, ruling that it violated the First Amendment by focusing on whether a communication could be perceived as a threat rather than following updated guidance from the U.S. Supreme Court that says laws must now consider whether the speaker acted with intent or recklessness.
Mike Nichols, the defense attorney representing Duncan, said last month that the charges should not have been brought under the law since it was not in effect at the time.
But Michigan Attorney General Dana Nessel disagreed. She filed an amicus brief with the Michigan Supreme Court, calling the lower court’s order “erroneous” and noting that there were eight cases pending under the statute, including Duncan’s.
On March 28, the Michigan Supreme Court ruled to vacate the Court of Appeals decision, sending the terroristic threats law back to the lower court for further consideration.
A press release from the attorney general’s office said that’s enough to move forward with ongoing criminal cases.
“The anti-terrorism law is a vital tool for holding accountable those who make serious threats in our state,” Nessel said in the release. “While the case has been remanded for further consideration, I am hopeful that this decision brings us closer to correctly reaffirming the law's constitutionality and preserving the ability of prosecutors across Michigan to protect public safety.”
After considering the Michigan Supreme Court’s order, East Lansing 54B District Court Judge Lisa Babcock bound Duncan’s case to the 30th Circuit Court to stand trial under the original charges, which each carry a sentence of up to 20 years in prison.
Ingham County Prosecuting Attorney John Dewane said the case has not yet been assigned to a judge, and Duncan's next court date has not been scheduled.
Nichols previously told WKAR that even if the law was reinstated, Duncan’s message was simply a prediction that could not be construed as a threat of future conduct.
“It’s just like saying, ‘This is going to happen. The Lions are going to lose. The Tigers are going to win.’ It’s not saying, ‘I’m going to go shoot somebody. I’ve hired somebody to go shoot somebody,’” Nichols said in an interview last month.
The Snapchat story was posted just days after the MSU community commemorated the two-year anniversary of a campus shooting that took the lives of three students and seriously injured five others.
MSU First Amendment Law Clinic Director Nancy Costello said that context could mean the statement was reckless enough to be considered a threat, even under the updated U.S. Supreme Court guidelines.
“Fatal shootings did occur at MSU, and in fact they’re still being memorialized two years later, because it was such a tragic and shocking event,” Costello said.
Nichols said that Duncan posting the message “was irresponsible and immature” but added that “what she did was not illegal.”
Produced with assistance from the Public Media Journalists Association Editor Corps funded by the Corporation for Public Broadcasting, a private corporation funded by the American people.