This case seems particularly problematic on many levels to me as a criminal defense attorney in Los Angeles who has handled countless terrorist threats cases (also known as criminal threats).  In California terrorist threats can be charged as a felony and a strike—a serious  or violent felony under the Three Strikes law—or it can also be charged as a misdemeanor. 

In the instant case, Justin Carter, an 18 year old, is facing serious felony charges in Texas for allegedly posting a threat on Facebook which discussed shooting up a kindergarten.  Of course, context is really important, and context is extremely difficult to decipher, when comments are written or texted as in this case.  Apparently, the comment was intended (albeit in bad taste) in a sarcastic manner and not as a threat, as the post was followed by a “jk” and a “lol.”

This infamous teen has been in custody for 4 months in Texas and is finally getting his day in court tomorrow.  It seems that proponents of free speech are in direct conflict with those who are remembering the horrific tragedy which took place at Sandy Hook Elementary School in 2012 in Connecticut.   

Justin’s defense attorney certainly has his work cut out for him but it does seem plausible, and defensible, that the alleged threat really wasn’t a threat at all and that the only reason this comment landed him in jail in the first place was due to the relatively recent school shootings.  The First Amendment does protect speech that may be distasteful providing that it is not criminal.  As a defense attorney who advocates for human rights, and for constitutional rights, I am optimistic that this case will come to some sort of reasonable conclusion.