Roswell, N.M. – A New Mexico woman convicted of creating a public nuisance by posting an online comment about the possibility of a shooting at her son’s school will get a new trial.

Jeanette Garza Alvarez, of Roswell, will have a jury trial in July after appealing a judge’s conviction in Municipal Court. Her defense plans to argue that the April 26 conviction violated her free-speech rights, attorney Luke Ragsdale said. Her post on her Facebook page was not a threat but an attempt to gather information, Ragsdale said.

“If you read the post, it just says what’s going on,” Ragsdale told the Roswell Daily Record in a recent interview. “It’s not even close to yelling fire in a theater.”

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