An Arizona mother had a criminal charge thrown out by a judge for criticizing a public official at a city council meeting. The judge called her arrest “objectively outrageous.”
Maricopa County Judge Gerald Williams dismissed with prejudice the trespassing charge against Rebekah Massie. The mayor of Surprise, Arizona, ordered her arrest during a city council meeting after she criticized a proposed pay raise for the city attorney. The mayor claimed she violated a rule against complaints about city officials during public comment and had her forcibly removed and arrested when she refused to stop speaking.
In his dismissal order, Williams stated, “No branch of any federal, state, or local government in this country should ever attempt to control the content of political speech. In this case, the government did so in a manner that was objectively outrageous.”
Following her arrest, Massie filed a First Amendment lawsuit with representation from the Foundation for Individual Rights and Expression (FIRE), arguing that the city council’s speech policies were unconstitutional and that city officials violated her rights.
Massie, a community activist and founder of The Grand Failure, was represented by attorney Bret Royle in her criminal case. Royle stated, “Rebekah should never have been detained, let alone criminally charged, for speaking her mind. No American should face jail time for exercising their freedom of speech, and we’re relieved the court agreed.”
The Supreme Court has ruled that criticizing public officials, even using rude language, is protected speech. Governments can impose reasonable restrictions on speech in public forums but cannot discriminate against certain viewpoints.
Despite this, cases of individuals being arrested for criticizing public officials continue to arise.
The judge’s decision to dismiss the charge against Massie with prejudice means prosecutors cannot refile it. Massie’s lawsuit against Surprise will continue, according to FIRE attorney Conor Fitzpatrick.
The City of Surprise did not immediately respond to a request for comment.
