Judge Throws Out “Objectively Outrageous” Charges Against Surprise Mom Who Criticized City Council

surprise resident
Surprise resident Rebekah Massie addresses city council during meeting on Aug. 20, 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.

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.

“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.”

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.”

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11 Comments

  1. Since Rebekah Massie was being unlawfully assaulted, detained, and arrested, would she have been legally allowed to defend herself with
    violence against the arresting officer who was following an unlawful
    order? Is there a gofundme to assist Rebekah Massie’s lawsuit?

  2. If Hall gets reelected, it will tell the future of Suprise. I’m glad I don’t live there. Who the heck would even think that “law” was legal.

  3. The tyrannical sheriff (not capitalized, on purpose) along with the tyrannical deputy, need to be fired – no pension, no payday > no cost to taxpayers.

  4. I am not a resident of Surprise, even so I am amazed that the Surprise City Council, or any city council in the State of Arizona, actually created a rule to ban citizens from criticizing their own elected officials at an open meeting of those same officials where the citizens were given time to make comments. Who could possibly think that rule met First Amendment requirements? Oh, Vladimir Lenin or Joseph Stalin, of course. The word recall comes to my mind. Does it ring a bell with any Surprise citizens?

  5. K Harris just outrightly accused DJT of being a fascist. I doubt she can even define the word, but the charges against this lady illustrate the concept perfectly. What idiots like the Surprise council fail to realize is they can only stifle free speech, not eliminate it.

  6. After all the negative publicity it’s surprising that the charges weren’t dropped and had to be dismissed by a judge. If this was New York or Georgia, she’d probably be in jail right now.

  7. You’d think Surprise AZ (pop. 160K) could refrain from running its city govt. like a church, huh?

  8. Finally, a sensible judge! Good for you, and all of us, Rebekah!!

    Now, let’s start getting rid of the non-Americans in this country. Starting with Surprise.

  9. The freedom of speech is as fundamental as the freedom of thought, to speak one’s mind.
    Without it, in every aspect of our lives, we are as slaves, robotic citizens.
    Think, speak! To live in freedom is essential to a free society. Anything less isn’t living.

Comments are closed.