A New Mexico mom has been convicted for creating a public nuisance for a Facebook post about a possible shooting at her son's local middle school.

Jeanette Garza Alvarez of Roswell, NM has been convicted of creating a public nuisance after she posted a comment on Facebook about a possible shooting at her son's middle school.

On January 29th, Alvarez posted to her Facebook wall:

"Anyone else's kids go to Sierra? My son says some eighth-graders are planning on bringing guns to school maybe Monday and have a shootout to see ‘who’s the first to die."

A criminal complaint was filed by police because of the Facebook post, after 160 students were absent the next day from school. Alvarez says her post was merely to gather more information from fellow parents. The school also said they received about 100 calls about the Facebook post.

Jeanette Garza Alvarez was convicted for a petty misdemeanor after the hour long trial. She was given a 30-day deferred sentence and had to pay court fees of $29.

The superintendent of the Roswell School District, Tom Burris, encouraged parents to contact school officials if they hear threats instead of posting online.

"I think that the things that are on Facebook can be very disruptive to school," stated Burris. "It's the (old) rumor mill issue that I say one thing and then it gets taken by somebody else in another way, and then in another way, and then another way, and pretty soon you've got a problem. I think it started out as inappropriate."

Defense attorney Luke Ragsdale represented Alvarez in court and said that it was her 1st Amendment free speech right and that it was violated by the court. They plan to appeal to the state District Court. Alvarez and her attorney don't believe that she did anything wrong, because she didn't tell students to not go to school the next day. Ragsdale also argued that there is no law that requires Alvarez to contact the school rather than pose questions online.

Read more about this story at the Dailymail.

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