From EAG News:

JOSEPH, Mich. – A Michigan prosecutor is filing criminal charges against a 13-year-old student over a private after school conversation on the smartphone app Kik that included “loathsome and despicable racial comments.”

The Berrien County Prosecutor’s Office released a statement today regarding seven white male students at Upton Middle School who “were making loathsome and despicable racial comments amongst themselves” through a group conversation on Kik in October, Fox 17 reports.

The prosecutor rightly points out that the conversation is protected by the First Amendment to the United States Constitution, but explained why at least one of the students will face a criminal charge of malicious use of a telecommunications system as a result of the ordeal.

The St. Joseph Department of Public Safety received snap shots of the private conversation in late October, and said at the time the talk involved Upton Middle School students but no specific threats or mentions of weapons, according to the news site.

The release from Berrien County Prosecutor’s Office was published in its entirety by WSBT.

Prosecutor Michael J. Sepic wrote Dec. 21 that police investigated seven students involved in the incident and determined the content of the conversation is protected by the First Amendment, and do not meet the legal threshold for Ethnic Intimidation, a two year felony for intimidating people based on race.

“The investigation in this case by the city of St. Joseph Police Department revealed there was no evidence that the content of the messaging, nor the individuals involved,…

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