JUSTICE: Judge throws out criminal charge against Arizona mom arrested for criticizing a city attorney’s pay

• The mayor of Surprise, Arizona had Rebekah Massie arrested in front of her 10-year-old daughter for questioning a city attorney’s pay at a council meeting.
• A judge on Wednesday slammed the government’s suppression of her free speech as “objectively outrageous.”

SURPRISE, Ariz., Oct. 24, 2024 — A judge threw out the criminal charge looming over the head of an Arizona mom who was arrested for criticizing a city attorney’s pay raise at a city council meeting. The judge called the government’s suppression of Rebekah Massie’s speech “objectively outrageous” and dismissed her trespass charge.

“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,” said Rebekah. “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.”

Bret Royle, an attorney at Feldman Royle, represented Rebekah in the criminal case. The Foundation for Individual Rights and Expression represents Rebekah in her federal lawsuit, filed on Sept. 3. The lawsuit challenges the Surprise, Arizona, city rule that forbids people from criticizing government officials at city council meetings. After FIRE’s lawsuit, the city ditched the rule.

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“Rebekah should never have been detained, let alone criminally charged, for speaking her mind,” said Royle. “That’s the kind of thing that happens in tyrannical countries but should never happen here. No American should face jail time for exercising their freedom of speech, and we’re relieved the court agreed.”

COURTESY PHOTOS OF REBEKAH MASSIE

FIRE’s lawsuit, which remains ongoing, aims to hold the city accountable for violating Rebekah’s constitutional rights and to obtain damages. 

“This is an incredible win for Rebekah and an important message to government bureaucrats around the country that the First Amendment bows to no one,” said FIRE attorney Conor Fitzpatrick. “The fight goes on in Rebekah’s lawsuit against the City of Surprise, Mayor Hall, and Officer Schernicoff. We want to make it crystal clear to governments across the United States that brazenly censoring people and betraying the First Amendment comes with a cost.”

The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

CONTACT:

Jack Whitten, Media Relations Specialist, FIRE: 215-717-3473; media@thefire.org