The threat, which was posted on the MSU 2028 Snapchat story, referenced the February 2023 campus shooting that killed three students and injured five. 

"There’s going to be another shooting at michigan state," the post read. "I’m so glad, this school definitely deserves it and everyone here should die."

Duncan was arrested in her Case Hall dorm within hours of the threat being posted on Feb. 26, as the MSU Department of Police and Public Safety received over 100 tips about the threat that day. 

But Duncan’s legal team is arguing that the charges against her are invalid, citing a published opinion by the Michigan Court of Appeals released shortly before she was charged. 

The court decided that Michigan law MCL 750.543m — which Duncan is being charged with violating — is unconstitutional because it "does not require the prosecution to prove that the defendant made the threat recklessly" which means the defendant would need to have "consciously disregarded a substantial risk that (their) communications would be viewed as threatening violence."

A memo written by Duncan’s lawyer and submitted to the court on March 14 — and shared with The State News — urges the court to dismiss the charges following Thursday’s hearing.

"At best, Hope’s statements in this case are inventive speculation spun for endangering attention," says the memo, written by Mike Nichols of Nichols Law Firm. "Some attention-seeking behaviors can be crimes, but this attention-seeking behavior is not a crime under current Michigan law."

Nichols told The State News that the statute is "facially invalid" and therefore "cannot be used in any situation or circumstance."

The post was not a threat or a false report, he said, but instead a prediction at best. 

"That's a statement protected by the First Amendment," Nichols said. "We call that constitutionally protected speech."

The memo concludes by recognizing the severity of Duncan’s alleged post, stating that it was "reckless" and "immature," but not criminal. 

"Unanimity in the distaste of Ms. Duncan’s choice of words is warranted," the memo says. "To call them ill-advised is a gross disservice to the memories of all those who lost a loved one or who saw their life indelibly changed for the worse by the events of February 13, 2023." 

Additionally, the memo sympathizes with Duncan, saying she was "crying out for help."

"She needed help, not handcuffs," it says. 

MSU spokesperson Amber McCann declined to comment, saying the "university would not comment on a pending criminal case."

Ingham County Prosecutor John J. Dewane also declined to comment, citing the pending litigation.

Duncan’s preliminary court hearing is scheduled for Thursday, March 20 at 9 a.m. in 54-B District Court. Her bond has been set at $20,000, and she was ordered to wear an ankle monitor.