A woman’s arrest in Arizona for criticizing a government official has ignited a fiery debate on free speech.
At a Glance
- Rebekah Massie criticized the city attorney’s pay raise during a Surprise, Arizona city council meeting.
- Mayor Skip Hall invoked a city rule prohibiting criticism of officials and had Massie removed and arrested.
- A federal lawsuit challenges the city’s rule as a violation of the First Amendment.
- The case foregrounds the tension between public order and individual liberties.
Details of the Incident
During a Surprise city council meeting, Rebekah Massie criticized a pay raise given to the city attorney. Her comments were abruptly interrupted by Mayor Skip Hall, who cited a city rule against criticizing government officials. Undeterred, Massie continued to speak, leading Mayor Hall to warn her and direct a police officer to remove her from the meeting. Massie was subsequently arrested, charged with trespassing, and taken to a detention center.
Massie argues that the rule invoked by the mayor violates the First Amendment protections of free speech. The Foundation for Individual Rights and Expression (FIRE) promptly filed a federal lawsuit against the city to challenge the rule and seek damages. The lawsuit further aims to halt the enforcement of this city policy and safeguard the citizens’ right to criticize their government officials.
Hopefully a lawsuit will follow
There has to a lawyer in AZ who will take the case. https://t.co/bPgBVtuFgD
— gutcheck5484 (@gutcheck5484) August 27, 2024
Legal Battle Ahead
FIRE has brought the case to the United States District Court of Arizona. Mayor Skip Hall and Police Officer Steven Shernicoff are also being sued individually. The lawsuit includes video evidence of Massie’s arrest and charges the city for alleged violations of the First Amendment, retaliatory arrest, and an unconstitutionally broad policy. Quintus Schulzke, another resident who frequently comments at city council meetings, joined as a plaintiff.
“No American should be told to ‘stop talking’ or go to jail simply for speaking their minds at a city council meeting. Public officials are elected to serve the people — not silence them,” stated FIRE attorney Adam Steinbaugh.
A Matter of Constitutional Rights
FIRE’s legal team emphasized that standing up for free speech is an American duty. Adam Steinbaugh said public officials are meant to serve the people and not to silence them. The case is not isolated, as FIRE won a similar free speech lawsuit in Eastpointe, Michigan, resulting in policy changes and the establishment of an annual “First Amendment Day.”
“I wanted to teach my children the importance of standing up for their rights and doing what is right — now I’m teaching that lesson to the city,” Massie said. “It’s important to fight back to show all of my children that the First Amendment is more powerful than the whims of any government official.”
Massie is also fighting the trespassing charge and emphasizes the significance of standing up for constitutional rights. The Mayor-elect Kevin Sartor criticized Hall’s actions, indicating that the city must now choose whether to settle the case or face it in court. Despite multiple requests, the city did not respond in time for publication.
