LANSING, Mich., July 23, 2025 — On Monday, the Michigan Court of Appeals affirmed the constitutionality of Michigan’s anti-terrorism threat law. In the decision, the court encouraged the Legislature to amend current law to be in line with Counterman v. Colorado. State Rep. Denise Mentzer (D-Mt. Clemens) has already introduced legislation to update Michigan’s anti-terrorism statute to align with Counterman and modernize Michigan’s statute to include a clear mental state requirement for threat-based crimes. After the court’s decision, Mentzer released the following statement:
“Protecting free speech and ensuring public safety are not mutually exclusive. We can and must do both. My legislation, House Bill 4600, would strike that balance by specifying that in order to be found guilty of a threat-based crime, individuals must be proven to have known that their speech would be perceived as a threat of violence or terrorism. The bill would provide prosecutors with a stronger legal foundation to pursue serious threats while maintaining protections for free speech.
“This bill aligns Michigan with federal law and brings us in line with the Michigan Court of Appeals’ recent decision. This change ensures our laws conform with constitutional requirements and protects the integrity of our anti-terror statutes from future judicial scrutiny.”
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