School threat defendant in court Monday
Jason Johnson, 18, Eau Claire, faces a single charge of terrorist threats, but his defense has challenged the case on First Amendment grounds. According to the criminal complaint, Johnson became 'angry and frustrated' after a teacher told him to avoid being around another student last October.
He then 'walked around the classroom pointing his hand in the shape of a gun at other students.' That led the teacher to speak with colleagues, and a police officer was brought in to speak with Johnson.
Johnson told the officer he 'thinks of shooting other students daily when they upset or bully him.'
At issue is whether Johnson's actions constitute a 'true threat,' thus obviating the protections the First Amendment generally provides for even offensive forms of speech. Prosecutors contended in filings that threats are 'well-established to be outside the protection of the First Amendment.'
The defense doesn't agree that Johnson's purported acts rise to that standard, and wants the case dismissed. While prosecutors said the request for an evidentiary hearing sought 'essentially, a mini trial before trial,' the defense said challenges to charges based on constitutional questions are appropriate.
'Constitutional challenges are a well-recognized and often used route of challenging the constitutionality of statutes as they are applied in specific circumstances.'
Both sides were in court Monday in a bid to persuade Judge Jon Theisen. Prosecutors had hoped to get a ruling at the hearing, but Theisen said he needed more time to consider the arguments. A ruling is scheduled for June 6.
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