Andy Chalk said:
But his father said Justin doesn't keep up with current events and didn't appreciate the significance of his words. "These kids, they don't realize what they're doing. They don't understand the implications. They don't understand public space," he said.
I feel for the dad but the teenager is 18 - that's a legal adult. That means if you break laws, you go to big-boy jail. That's part of the deal, along with getting to buy big-boy booze and vote in big-boy elections. Being an adult means you are responsible for your behavioir in a public space.
Not keeping up with current events is one thing if you're talking about international news or the passage of bills through the House and Senate, but with the total media saturation that was Sandyhook coverage I think it's disingenuous to suggest he'd never heard of it. I want to say that, having heard of it and making the comment as a joke speaks of a dangerous lack of empathy, but I can't quite go there. Different people process tragedies differently, and lots of people make jokes others find inappropriate. There's no crime there.
However, neither are others required to share his sense of humor and his statement was intended to create a false sense of panic. (that's the joke. PANIC STATEMENT but oh I'd never do it) Freedom of speech does not extend to falsely shouting 'fire' in a crowded theater. (hey! there's even a wikipedia entry about this. hunh. http://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_theater )
Eight years seems steep but to me that means the laws should be changed, not that exceptions should be made for people convicted of breaking them.
Just my two cents.