The Place Where Ludington Talks
Lesson in the First and Second Amendment: Lucas Gerhard
Everybody has a different point of view. One can post what they believe is a harmless thought or meme on social media, another can look at that post and find it anything but harmless. Recall the tale of Michigan Tech student Matthew Schultz back in 2015, whose message of racial harmony was mangled and distorted by another student into a violent racist threat, with authorities following suit. They ruined his life for a while until he fought back and won a sizable settlement from the university and cleared his name of wrongdoing in 2017.
Another upper peninsula college and local justice system looks to have did the same to another student whose social media postcrime back in August of 2019 was rather obscured as to specifics according to news reports at the time. When that occurs at the university level, it's usually a given that we have a Pop Tart that looks like a gun or similar madness. Here's how channel 7 reported it:
CHIPPEWA COUNTY, Mich., (WPBN/WGTU) -- A student at Lake Superior State University is in jail, charged with posting threats online.
The LSSU Public Safety Office was alerted to threatening comments made online by a student and Sault Ste. Marie police were called to campus to make the arrest, according to campus officials.
Lucas Gerhard, 20, was charged with: Use of a computer to commit a crime computer/internet use/harassment/threats. Gerhard is currently lodged in the Chippewa County Jail on a $250,000 cash bond.
According to LSSU, students were sent a notification that a student had been arrested, but were not sent an alert regarding the threats. University officials said at no time was there any danger to students or staff.
TV 9&10 reported at the time a different list of crimes found to suit the offense: "Lucas Gerhard is charged with false report or threat of terrorism. The university tells us there was a threat posted on social media, and a resident assistant reported it to campus public safety."
And just that easily, a young man's life was at least temporarily ruined without any explanation. A half year later, zealous prosecutors are still intent on sending a message, but the message is all a bit silly when you look at the post the prosecutors are looking at which could cost Gerhard a serious 20 year sentence, he's already sat 83 days in jail.
State lawmakers are weighing in to protect the First Amendment rights of others who post harmless, if artless, pictures and words on social media. The addition of 'reasonable person' standards into these catch-all terrorism statutes are long overdue, since it's easy for 'sensitive' people to register non-threats as threats and see any post with a gun as a call to arms.
LANSING, Mich. – State lawmakers and a gun rights group on Tuesday called for changes to Michigan’s terrorism law after a Lake Superior State University student was charged for posting a photo of his rifle on social media and saying it would make “snowflakes melt.”
Lucas Gerhard, 20, faces the charge of making a terrorist threat over an incident that occurred in August. The maximum sentence for a conviction on that charge is 20 years in prison.
The night before returning to the school for his junior year, Gerhard sent a photo of his newly purchased AR-15 rifle to a group of friends on Snapchat. The text said: “Takin this bad boy up, this outta make the snowflakes melt, aye? And I mean snowflakes as in snow.”
Republican state Rep. John Reilly of Oakland Township in suburban Detroit is sponsoring new legislation to redefine the crime of making a terrorist threat or making a false report of terrorism.
“I never thought our society was so fragile that someone’s life could be ruined for telling a joke among friends,” said Reilly. ”It’s a travesty that the county prosecutor charged him with any crime, for something that is clearly and undeniably protected speech under the First Amendment.”
He said Michigan’s definition contains no requirement that any particular target exist nor any “reasonable person” standard, exposing people to charges for telling what Reilly called harmless jokes.
Reilly was joined by Gerhard’s father, Mark — a constituent — GOP Rep. Beau LaFave of Iron Mountain and Michigan Open Carry President Tom Lambert at a Tuesday afternoon news conference near the Capitol. Lucas Gerhard attended but did not speak per the advice of his lawyer since his case is pending. He spent 83 days in jail before being released on bond.
The Chippewa County prosecutor could not be reached to comment on criticism lodged against his office.
According to court documents, two Lake Superior State students notified the campus’ public safety department of the Aug. 22 Snapchat post, and the matter was referred to Sault Ste. Marie police. Public safety officers said they had numerous prior incidents and contacts with Gerhard, including when an anonymous tip was made to a downstate law enforcement warning that he was a potential school shooter.
The university students told police Gerhard had “extreme political views” and they worried about students’ safety if he brought the gun to school.
Weapons are permitted on campus but must be registered and stored in the public safety department upon arrival on campus. Gerhard checked in his weapon and 240 rounds of ammunition for safe keeping on Aug. 23, the day he arrived at the Upper Peninsula school.
Gerhard told an officer that the term “snowflake” referred to people whose political ideology is liberal or Democratic, and making the snowflakes melt meant their “minds melting” when they found out he had brought an AR-15 to school. He said he did not want to harm anyone or himself, and wanted to be a police officer to protect people.
He was arrested the following day.
Mark Gerhard said one of his son’s friends had shown the post to another student with whom Lucas had had some “political arguments.” The woman “took offense” and reported it, he said.
“I was in disbelief. I couldn’t believe the prosecutor had actually decided to press charges,” he said, adding that if school officials thought his son was a threat, they would have asked police to intercept him earlier. He described Lucas as a conservative on a liberal campus who defends his beliefs, is “very vocal about” it but “never vindictive about anything, never antagonistic.”
Gerhard’s trial, scheduled for March, may be postponed because he has a new attorney.
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Replies to This Discussion
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Permalink Reply by Freedom Seeker on
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Imo, a stupid thing to do even if "he meant no harm." Even though Gerhard registered the gun and locked it up (according to school policy) his post said things that can be considered racist remarks In connection with displaying the gun. Pretty stupid in today's society. And why does anyone need an AR 15 in a school environments? Bragging about it. That's one thing that is taught in concealed weapons classes, don't be bragging about your weapon. Should apply to AR 15 non-concealed too.
I think this Gerhard will be in for some trouble even if he gets a new lawyer who can come up with the best defense because of his post. Imo, he is a bit on the fringe with his stupid bragging and I can see how he could alarm female coeds.
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I was wondering if Gerhard was at the wrong school if he wants to be a police officer, but LSSU has a criminal justice degree. I wonder if he has declared this as a major? Otherwise, why would anyone need 240 rounds of ammo for an AR-15? On the other hand, anyone wanting to be a police officer should not be bragging about "melting snowflakes" by the presence of his AR -15. Respect of your equipment and of others sensitivities toward guns should be part of training in criminal justice.
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Permalink Reply by Willy on
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In Gerhad's post he said “Takin this bad boy up, this outta make the snowflakes melt, aye? And I mean snowflakes as in snow.” He says "snow" not people. So why would anyone consider this harmful? His big mistake was talking to the police without an attorney. He should have kept his mouth shut. Also how could he be a threat with his rifle securely locked up. If anyone has hunted or target practiced they would know that 240 rounds is not an arsenal. And please folks, an AR15 is not an assault rifle. There is no such thing as an assault rifle. There are automatic, semiautomatic rifles. His rifle is a semiautomatic rifle and shoots 1 round per pull of the trigger, it's not a machine gun. Thousands of people in Michigan alone use it for hunting.
The Constitution gives everyone the right to express their opinions and beliefs so it doesn't matter if people think he should not have said what he did. He had that right. This is like the Trump hats when people were being attacked for wearing them. Leftists voiced "If they weren't wearing them they would not be harmed". This is the same situation. Mr Gerhad can go to any school he can afford for any reason he chooses and he has the right of free speech no matter how "snowflakes" "feel" about it. This is a link to Dunham's Sporting Goods Store, Does anyone think any of theses should be banned because of their appearance?
The leftists madness will consume freedom if we do not use common sense.
The rifle below looks pretty darned lethal doesn't it but it's only a BB gun. Should this be banned.
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It's a conundrum, Willy. Where is the line drawn between right to free speech and profiling potential mass murderers? We probably don't have all the facts but the article says the police have had numerous prior complaints about Gerhard. I agree that some people are too paranoid, but then we are all being told to BOLO for potential threats of domestic terrorism what to do?
I agree Gerhard's mistake was bragging about his "badboy" on social media. That's the trouble with social media. You might intend a post for your friends, but everyone can see it (unless blocked selectively). There were enough people that were alarmed and so he sat in jail almost three months.
Whether he had a lawyer present or not is unknown, but HE admitted that the term "snowflake" meant "liberal or democratic people." That's not a good thing if you don't want want to make them "melt." It's not just a benign discussion about snow and type of gun he has. He had to brag that it's a "badboy." BADBOY plus "melt" and "snowflake" were the inflammatory words, imo and should have stayed zipped.
Now I'm sure his parent will be spending a lot of money to defend him. If he hadn't told the police what he really meant by "snowflake" it would have been a lot easier defense. Maybe they can get it thrown out if he isn't 21 or is considered a minor while still in college and his parents or a lawyer weren't present when police questioned him.
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Agreed. Along with gun rights and gun ownership comes "responsibility." And, it ain't responsible to brag about "melting" (or "frightening" if that's what he meant by "minds melting"), "snowflakes" (his admitted reference to liberals or democrats), with a "badboy" (gun).
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The line is drawn when there is an actual threat. This was not a threat. It was a comment made to his friends. His mistake was not bragging, his mistake was talking to the police as I said before. Either he had no attorney or if he did that attorney was useless. Wordology is not what should convict people he has the right to say whatever he wants. He did not actually threaten somebody . Spending over 80 days in jail for speaking your mind is not what a free society about. I don't see where combining the words "badboy, snowflake and melt" gets you jail time before being convicted of any crime. As far as responsibility goes, just because someone owns a gun they do not give up their free speech rights.
It seems that the reporting of the incident mirrors how the LDN covered stories. Some of the excerpts from the article:
"According to court documents, two Lake Superior State students notified the campus’ public safety department of the Aug. 22 Snapchat post, and the matter was referred to Sault Ste. Marie police." What exactly did the complaints state?
"Public safety officers said they had numerous prior incidents and contacts with Gerhard, including when an anonymous tip was made to a downstate law enforcement warning that he was a potential school shooter." What were the incidents and contacts about. Parking tickets? An anonymous tip from downstate? Really? That's certainly very solid and convincing evidence to lock someone up don't you agree?
"Gerhard told an officer that the term “snowflake” referred to people whose political ideology is liberal or Democratic, and making the snowflakes melt meant their “minds melting” when they found out he had brought an AR-15 to school. [Even though it was under lock and key at the University security office.] He said he did not want to harm anyone or himself, and wanted to be a police officer to protect people." From this comment about mind melting he was deemed a threat to the community even though "According to LSSU, students were sent a notification that a student had been arrested, but were not sent an alert regarding the threats. University officials said at no time was there any danger to students or staff" HUH! It seems to me from the hysteria caused by the student who complained and the police that everyone should have ran into their safe rooms.
According to 9/10 news "A student at L.S.S.U sent the alleged threat Gerhard posted to 9&10 News. That student tells us it has been circulating around campus. We haven’t been able to confirm with Sault Ste. Marie Police the exact nature of these threats, but students are reacting." No mention of what the threat was but students are reacting? Don't you find that odd? This is how leftists media and leftist in general handle imaginary threats.
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https://wwmt.com/news/state/bill-introduced-to-change-terrosim-thre...
The above link sheds a little more definition of a perceived threat.
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