Judge Tosses Case Against AZ Mom Arrested For Speaking In Meeting
An Arizona judge has dismissed the criminal charges against Rebekah Massie, a mother who was arrested for expressing her political views during a public meeting of the Surprise City Council. The incident occurred on August 20, when Massie criticized the city attorney and was cut off by the mayor, who accused her of violating meeting rules. Following a brief exchange, law enforcement removed her from the meeting, and she was subsequently charged with trespassing.
Judge Gerald Williams ruled that Massie should not have faced prosecution for her speech, describing the government’s actions as “objectively outrageous.” He emphasized that no government entity should control political speech and dismissed the case with prejudice, preventing further prosecution. The judge also identified flaws in the city’s rules governing public speeches, noting they restricted not just any speech, but specifically political discourse.
In response to the dismissal, Massie expressed relief, highlighting the importance of free speech rights in America. She has since filed a federal lawsuit against the city, alleging violations of her First Amendment rights. The city of Surprise has since repealed the controversial rule that led to her arrest.
On Wednesday, an Arizona judge dismissed the criminal case brought against a state resident who was arrested after criticizing her city government during a public meeting.
“The Defendant should not have faced criminal prosecution once for expressing her political views,” Justice of the Peace Gerald Williams wrote.
The entire saga began on Aug. 20, when resident Rebekah Massie spoke before the Surprise City Council during a public meeting. The Arizona mother was criticizing the conduct of the city attorney when she was abruptly cut off by Mayor Skip Hall, who accused her of “attacking” the city official “personally” and violating rules governing public meetings.
Massie claimed the rule was “unconstitutional” and that by limiting her testimony, the city was violating her First Amendment right to free speech. Following a short exchange of words, Hall called on a law enforcement official to have Massie removed from the meeting.
The Arizona mom was subsequently detained and charged with trespassing.
Writing on behalf of the Maricopa County Justice Courts, Williams dismissed the charge against Massie with prejudice, meaning the state cannot bring the case back to his court. The judge noted that “[n]o branch of any federal, state, or local government in this country should ever attempt to control the content of political speech,” and that, in Massie’s case, “the government did so in a manner that was objectively outrageous.”
“The Court agrees that she should never face criminal prosecution, for expressing her political views on that date at that time, again,” Williams wrote.
The Maricopa judge further described the “problems” with the rule cited by Hall before Massie was arrested, namely that the policy “regulated not just speech; but political speech” (emphasis original) and specifically the “content” of that political speech. As The Federalist reported, the Surprise City Council unanimously repealed the rule during its Sept. 17 meeting.
“For more than two months I’ve been living with the threat of punishment and jail time — being taken away from my kids, even — for doing nothing more than criticizing the government,” Massie said in a statement. “Free speech still matters in America, and I can’t tell you what a relief it is to have people on my side standing up for our rights with me.”
Massie filed a federal lawsuit against Surprise, Hall, and the officer who arrested her last month, in which she argued the city violated her First Amendment rights.
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