An Arizona citizen who was detained for criticizing her city government at a public gathering last week is reportedly receiving legal assistance.
The city of Surprise was sued on Monday by the Foundation for Individual Rights and Expression ( FIRE), a First Amendment advocacy group, after its mayor had local activist Rebekah Massie detained for questioning a city employee at the city’s Aug. 20 City Council meeting.
” The First Amendment protects every American’s right to criticize public authorities”, FIRE Attorney Conor Fitzpatrick said in a speech given to The Federalist. People should leave in cuffs at a city council meeting to make their voices heard, according to the saying.
During her testimony, Massie “questioned the city attorney’s efficiency and payment”, according to The Arizona Republic, before being stopped by Mayor Skip Hall, who accused her of “attacking the city attorney individually” and violating laws governing public sessions.
Massie called the rules “unconstitutional” and alleged that by refusing to allow her to speak openly, Hall was “violating” her” First Amendment right”.
After that, Hall threatened to have Massie fired if she did n’t end her criticism. Following a brief back-and-forth with Massie, Hall asked an attending police officer to remove her from the appointment.
” In front of my 10-year-old girl, you’re gonna chauffeur me out for expressing my First Amendment right”? Massie asked.
Hall replied,” She can go with you”.
Before a police officer forcefully removes Massie from the floor, images from the event shows her refusing to leave.
While citing a video of the incident on X, FIRE notified the city of Surprise it would” see]them ] in court”.
FIRE spokeswoman Jack Whitten said they will stay The Federalist “posted on the complaint and when]they intend to file,” but he did not specify when for a lawsuit may be brought.
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 then, it’s the lessons I am determined to show the City of Surprise, Arizona”.
Massie’s lawsuit, once filed, could possibly result in restrictions and free speech protections that have already been considered in other judicial proceedings. 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 made the observation that it appears that Surprise City Council is “relying on a plan that is so large it may possibly contain both content, talk, and previous restraints on speech.”
According to Riches,” the truly recognizable rule here is that a government cannot have a plan that attempts to stop people from criticizing government officials.” The government is clearly prohibited from gagging its people who want to condemn or problem government actions by the First Amendment. But, to the degree that the town, in this case, is using this plan to avoid genuine criticism from its residents, that’s unconstitutional”.
According to The Arizona Republic, Massie was detained following the meeting and is now facing criminal charges in classes 1 and 3. Persons found guilty of a class 1 misdemeanor could receive a maximum fine of$ 2,500 and up to six months in jail. Those found guilty of a class 3 misdemeanor may spend up to a month in , jail, confront$ 500 in , fines, and one year of probation.
Hall did not respond to The Federalist’s request for comment.
The Federalist staff writer Shawn Fleetwood graduated from the University of Mary Washington. He previously served as a state content writer for Convention of States Action and his work has been featured in numerous outlets, including RealClearPolitics, RealClear Health, and Conservative Review. Follow him on Twitter @ShawnFleetwood
