Free Speech Group Says It Plans To Sue AZ City Over Arrest

Legal help is reportedly on the way for an Arizona resident arrested for criticizing her city government during a public meeting last week.

On Monday, the Foundation for Individual Rights and Expression (FIRE), a First Amendment advocacy group, indicated plans to sue the city of Surprise after its mayor had local activist Rebekah Massie detained for scrutinizing a city employee during the locality’s Aug. 20 City Council meeting.

“The First Amendment protects every American’s right to criticize public officials,” FIRE Attorney Conor Fitzpatrick said in a statement given to The Federalist. “The last thing people should fear when they go to a city council meeting to make their voice heard is leaving in handcuffs.”

During her testimony, Massie “questioned the city attorney’s performance and compensation,” according to The Arizona Republic, before being stopped by Mayor Skip Hall, who accused her of “attacking the city attorney personally” and violating rules governing public meetings.

Massie called the guidelines “unconstitutional” and alleged that by refusing to allow her to speak freely, Hall was “violating” her “First Amendment rights.”

Hall subsequently threatened to have Massie removed if she did not cease her criticisms. Following a short back-and-forth with Massie, Hall asked an attending police officer to remove her from the meeting.

“In front of my 10-year-old daughter, you’re gonna escort me out for expressing my First Amendment rights?” Massie asked.

Hall replied, “She can go with you.”

Footage of the event shows Massie refusing to leave the podium before an officer forcibly removes her from the venue.

While citing a video of the incident on X, FIRE notified the city of Surprise it would “see [them] in court.”

FIRE spokesman Jack Whitten did not disclose when such a suit would be brought, but said they will keep The Federalist “posted on the lawsuit and when [they] intend to file.”

In a statement given to The Federalist, Massie noted how, “As an American, it’s [her] right to speak out to keep the local government accountable,” and “as a mom, it’s [her] obligation to set a good example and stand up for our fundamental rights — like the right of free speech — when they’re threatened.”

“That’s the lesson I wanted to show my daughter,” she said. “And now, it’s the lesson I am determined to show the City of Surprise, Arizona.”

Once filed, Massie’s suit could likely entail free speech protections and restrictions deliberated in prior judicial cases. Speaking with The Federalist, Jon Riches, the Goldwater Institute’s vice president for litigation & general counsel, noted how courts “have been really clear that the most susceptible speech restrictions are [those] that impose prior restraints on speech, or that prohibit speech based on its content.”

In the case of Massie, he observed that it appears the Surprise City Council is “relying on a policy that is so broad it would likely encompass both content, speech, and prior restraints on speech.”

“I think the really clear principle here is that a government can’t have a policy that attempts to prevent citizens from criticizing government officials,” Riches said. “The First Amendment plainly prohibits the government from gagging its citizens who want to criticize or question government action. So, to the extent that the city, in this case, is using this policy to prevent legitimate criticism from its citizens, that’s unconstitutional.”

Massie was arrested following the meeting and is currently facing class 1 and 3 misdemeanor charges, according to The Arizona Republic. Individuals deemed guilty of a class 1 misdemeanor could face up to six months in jail and be fined a maximum of $2,500. Those found guilty of a class 3 misdemeanor could spend up to a month in jail, face $500 in fines, and one year of probation.

Hall did not respond to The Federalist’s request for comment.