Mom scores major free-speech victory after Arizona mayor attempted to silence her



An Arizona mother won a major First Amendment victory earlier this week when a justice of the peace dismissed the case against her after she was arrested in connection with publicly criticizing a city official.

On August 20, 32-year-old Rebekah Massie and her 10-year-old daughter attended a city council meeting in Surprise, a suburb of Phoenix. During the public comment portion of the meeting, Massie stood at the podium and slammed city attorney Robert Wingo for accepting a raise despite poor job performance.

As Massie expressed her views on Wingo, Mayor Skip Hall repeatedly interrupted her, insisting that her criticisms of Wingo violated rules regarding public comments at city council meetings. That rule read that "oral communications during the City Council meeting may not be used to lodge charges or complaints against any employee of the City or members of the body."

Massie did not deny that she was violating that rule but insisted that the rule was unconstitutional. "That's a violation of my First Amendment rights," she said during the meeting, as Blaze News previously reported.

After Massie continued speaking in defiance of Hall, the mayor eventually ordered security to arrest her. She was then charged with trespassing, a class 3 misdemeanor, as well as resisting arrest and obstructing government operations, both class 1 misdemeanors. She also claimed the arresting officer threw her to the ground and against a wall during the incident.

At a hearing to formally dismiss the charges on Wednesday, Justice of the Peace Gerald Williams excoriated the city rule proscribing public criticism of officials.

"That policy regulated not just speech; but political speech," Williams wrote, apparently aghast.

"No branch of any federal, state, or local government in this country should ever attempt to control the content of political speech. ... In this case, the government did so in a manner that was objectively outrageous," he continued.

"The Defendant should not have faced criminal prosecution once for expressing her political views."

Williams ultimately decided to dismiss the case with prejudice so that no prosecutor could refile the charges, claiming "justice" demanded such a decision.

'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.'

In a statement to Blaze News, Massie expressed "relief" at the ruling and at all the support she has received from other freedom-loving people.

"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," she said, adding, "Free speech still matters in America."

Bret Royle of Feldman Royle, who represented Massie in the case, is also gratified by the court's decision.

"Rebekah should never have been detained, let alone criminally charged, for speaking her mind," Royle said in a statement to Blaze News. "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."

It seems the government recognized that Mayor Hall and others likely overstepped their bounds because both sides wanted the charges against Massie dropped, Williams noted in his decision. Surprise has likewise dropped the rule about publicly criticizing officials.

Massie has also joined forces with FIRE, a legal organization dedicated to protecting free speech, which has since filed a federal lawsuit against the city for the now-defunct rule.

"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 in a statement in Blaze News. "The fight goes on in Rebekah’s lawsuit against the City of Surprise [and] Mayor Hall. ... 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."

Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. Sign up here!

With New California AI Law, Newsom Mounts Chilling Assault On Free Speech

California's governor celebrated Constitution Day by signing new legislation to 'crack down' on free speech through artificial intelligence.

Associated Press Admits New Indictments Are ‘Campaign’ To ‘Deter’ GOP From Questioning Elections

The AP admitted Friday that the indictment of 18 Arizona Republicans is 'part of a campaign' to 'deter' election challenges from the GOP.

New Survey Finds Modern American Workers Want Unions To Stop Playing Politics

A new survey from The American Compass found that labor unions were viewed more positively by upper and middle-class Democrats than by working class people.

Tennessee town says profane anti-Biden flag is protected by Constitution



The small-town mayor of Munford, Tennessee, says he is powerless to order a local resident to take down a flag with a profane message about President Joe Biden and his supporters.

The flag, which hangs on the resident's private property, states, "F*** Biden and f*** you for voting for him."

According to WREG-TV, Mayor Dwayne Cole says he's received several complaints about the flag over the past month from residents who found it offensive. The mayor had the city attorney look into the matter and the city found that the homeowner had a constitutional right to fly the flag on his property.

"It's vile. It's vulgar. It's protected speech under the Constitution," Cole said. "If I had the authority to make him take it down, I would definitely do that."

A city ordinance regulating certain campaign yard signs does not apply in this case, the mayor said, because the resident is flying the political flag on his porch.

Cole said he met with the homeowner about the flag, who has no intention of taking it down.

"That's where we stand," the mayor said.

The homeowner also owns a pro-Trump flag with profanity on it. But like the Biden flag, city officials told WREG the flag is constitutionally protected speech.

Jay DeWitt, a resident of the neighborhood, said that while he doesn't have a problem with the flag's political message, he does wish his children weren't exposed to the profanity.

"If it said (expletive) Trump I would have the same problem," he said. "I have children. I have two children. We have a lot of children in that community. The kids can see it."

Profane anti-Biden flags have caused controversy in several communities.

A New Jersey woman faces a $500 a day fine from the town of Roselle Park for refusing to take down a flag that reads "F*** Biden" on her property near an elementary school.

"We have an ordinance on the books that prohibits sexually profane things and anything that is profane in nature. Nine times out of 10 it would be slightly less of an issue if it wasn't right by a school but it's literally a block away from an elementary school," Roselle Park Mayor Joe Signorello told a local radio station in June.

"Freedom of speech when it comes to politics obviously totally in bounds. The issue comes when using profane sexual language especially near an elementary school. All we're asking is for her to comply and take those down," Signorello added. "She can put up all the pro-Trump signs she wants as long they're not sexual and vulgar in nature."

Complaints against anti-Biden flags with vulgar messages have been lodged in several other cities, including Erie, Pennsylvania; Hazlet, New Jersey; Fairfield, Ohio; and Jackson, Michigan.