People of Michigan v. John MacAuley Burkman

Summary

The Michigan Supreme Court held that the defendants’ robocall did not constitute a statutory “menace” because recipients could not reasonably believe that defendants or someone under their control would carry out the threatened actions, but that the call fell within the statutory catchall for “other corrupt means or device.” The Court also held that the robocall remained protected by the First Amendment because it was neither a true threat nor speech integral to independently unlawful conduct, and that the catchall was facially overbroad absent a limiting construction. The Court adopted a limiting construction covering intentionally false speech about voting requirements or procedures made to deter or influence voting and remanded for further proceedings. Justice Zahra, joined by Justice Viviano, concurred in part and dissented in part, arguing that the statute did not cover defendants’ conduct and that the charges should be quashed.