Charges were dropped against Mother, who criticized a city official

Main Content: Rebekah Massie speaks at the Surprise, Arizona City Council meeting shortly before her arrest (Surprise City Council). Inset: Massie is arrested for her public statements (Surprise Police Dept.).

A state judge in Arizona this week dismissed a criminal case against a woman who was arrested at a city council meeting for criticizing a city attorney’s raise and professional competence.

Justice of the Peace Gerald Williams on Wednesday dismissed trespassing charges brought against Rebekah Massie two months ago as unconstitutional, saying it was “objectively outrageous” that the government was trying to control the content of her political speech.

“For more than two months, I have lived with the threat of punishment and prison time – even being taken away from my children – for doing nothing other than criticizing the government,” Massie said in a statement after the verdict. “Free speech still matters in America, and I can’t tell you how relieved it is to have people on my side standing with me for our rights.”

Contrary to prosecutors’ request, the charges were dismissed “without prejudice,” meaning the case against Massie cannot be reopened at a later date.

The case against Massie began during the public comment period of a city council meeting on August 20, 2024 in Surprise, Arizona. Massie, who attended the meeting with her 10-year-old daughter, addressed the city council and asked whether a particular officer deserved a raise, adding that she felt his job performance had been subpar.

Surprise Mayor Skip Hall interrupted Massie and told her that the council has a policy that prohibits citizens from using public comment time to make “accusations or complaints” against officials or employees. Massie rejected the mayor’s comments, arguing that the policy was unconstitutional and violated her First Amendment rights. The mayor then ordered the police to expel Massie from the meeting. She was arrested and charged with one count of trespassing.

In his dismissal order, Williams stressed that there were “some issues” with council policy that led to Massie’s arrest. In particular, he noted that the policy “did not just regulate speech; but political speech” and “the content of political speech”.

“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,” the order said. “The defendant should not have been prosecuted even for expressing her political views. The court agrees that she should never be prosecuted again for expressing her political views on that day and at that time.”

Massie’s defense attorney Bret Royle welcomed the verdict.

“Rebekah should never have been arrested, let alone prosecuted, for expressing her opinion,” Royle said in a statement. “This kind of thing happens in tyrannical countries but should never happen here. No American should face prison time for exercising their freedom of speech, and we are relieved the court agreed.”

Massie’s arrest made national headlines and the City Council responded on September 17, 2024 with a unanimous objection to the policy that led to her arrest.

As Massie’s criminal case concludes, she has filed a federal lawsuit against the city, the mayor and the police officer who arrested her, seeking damages for alleged violations of her constitutional rights. She is represented in the civil case by Conor Fitzpatrick of the Foundation for Individual Rights and Expression (FIRE).

“The fight continues in Rebekah’s lawsuit against the City of Surprise, Mayor Hall and Officer [Steven] Schernicoff,” Fitzpatrick said in a statement. “We want to make it clear to governments across the United States that brazen censorship of people and betrayal of the First Amendment comes at a price.”

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topicnews · October 25, 2024

Charges were dropped against Mother, who criticized a city official

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