State files motion to dismiss in Facebook threat case - The Post Newspapers : Medina

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State files motion to dismiss in Facebook threat case

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Posted: Friday, January 18, 2013 3:00 am

The man who was charged with inducing panic after allegedly making threats on his Facebook page after the Connecticut school shooting in December may have his case dismissed.

The state filed a motion in Medina Municipal Court Jan. 10 to dismiss the inducing panic count. There is a hearing scheduled for Jan. 25 in front of Judge Dale Chase.

Joseph W. Resovsky, 20, of Columbia Station, reportedly posted while at work in Medina. The statements included: “im so happy some one shot up all those little (expletive) VIVA LA SCHOOL SHOOTINGS!!! -Juggalotus-” on his Facebook page on Dec. 14. He also listed the Sandy Hook shooter as his “idle.”

He was charged with inducing panic in Medina Municipal Court and pleaded not guilty Jan. 9.

Resovsky’s case has caught the attention of the Ohio ACLU, who provided him with attorneys. Legal Director James Hardiman said they became involved because the case concerns free speech.

“This has the first amendment all over it,” he said. “You have a right to speak your mind. This is not a criminal offense, it’s constitutionally protected speech. There was no threat of serious bodily harm.”

Resovsky had formerly lived in Medina and was still listed as such on his Facebook profile, and still works in the city, so Medina police questioned him regarding the comments. He turned himself in Dec. 15, and was released on bond.

Resovsky reportedly told police that he had never meant for that comment to offend anyone, and that he was trying to make a point that people post horrible things on Facebook all the time and nobody says anything about it.

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