Major v. State

800 S.E.2d 348 (2017)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D was a student at Lanier Career Academy. D posted the following message on his Facebook page: Bruh, LCA ain't a school. Stop coming here. All y'all ain't going to graduate early. Why? Because there are too many of y'all f***ers to even get on a computer. I swear, and there's so much drama here now, Lord, please save me before, o [sic] get the chopper out and make Columbine look childish. Officers contacted D who admitted to posting the statement. He was arrested and indicted for threatening to commit a crime of violence against another “in reckless disregard of causing such terror” in violation of OCGA § 16-11-37. D filed a pre-trial demurrer/motion to quash challenging the indictment, alleging that former OCGA § 16-11-37 (a) was unconstitutional on its face and as applied to him because it violated D's First Amendment right to free speech and his Fourteenth Amendment right to due process. The trial court denied the motion and granted D a certificate of immediate review. Major filed an application for interlocutory appeal, which we granted inquiring as to whether former OCGA § 16-11-37 (a) is unconstitutionally void for vagueness and overbreadth because it permits conviction based on recklessness.