(h/t Ari Cohn) The Wisconsin Court of Appeals has finally ended the madness that began with terroristic threat and disorderly conduct charges being leveled against a middle school student.
Instead, the court assumed even a private sharing of violent ideas between two students was enough to satisfy the charges because anything containing bombs and whatever would be viewed as "threatening" by interlopers the creators never intended to share their drawing with.
Further, the State argues that the drawing was not reasonably intended to be kept private because it was reasonably foreseeable to A.N.G. that it would be seen in the school setting by school staff or other students who would interpret it as a serious expression of a purpose to inflict harm, and that, when it was discovered, school officials did reasonably interpret it this way.
[E]ven if I were to assume that school personnel could reasonably be classified as “listeners,” how these “listeners reacted to the” drawing (as Perkins refers to the first factor) does not weigh heavily towards classifying the drawing as a true threat.
Based on the testimony of the teacher and administrators involved, the circuit court found that the drawing was “obviously concerning [to the school] and obviously the school took steps within the school setting to address these issues.”