Free Speech Rights in Arizona

In the wake of the Charlie Kirk shooting, there’s been the expected uptick in online traffic as everyone weighs in with their opinion. However, there’s been a surge this time around of revenge rhetoric: people see a take they don’t agree with and threaten to contact employers, family members, etc. of those speaking against them. And you might ask yourself, “well isn’t this America? Aren’t I entitled to free speech?” and the answer may shock you: sometimes. And that falls on both sides of the coin. So let’s take a look at your right to free speech and the rights -or wrongs- of others who threaten to act on yours.

The First Amendment entitles you to “the freedom of speech” legally. However, unless you’re employed by the government, you’re likely at the discretion of a private employer, who very likely has rules and regulations for what you post, when you post it, and where you post it. In our state, the Arizona Constitution establishes that one “may freely speak, write, and publish” on anything up until “the abuse of that right.” It should be noted that the state interprets that last part very loosely, but that this still does not provide additional legal support if you find yourself in hot water with a private employer. The best advice? If you don’t want it coming around to potentially hurt or haunt you, don’t leave it in writing.

Now, let’s say you ignored best practices and you’ve posted something that someone disagreed with. And let’s say that person disagreed so much that now they want to contact your employer about it. What can they actually do? Well, for starters, they can contact your employer. However, in the state of Arizona, this could meet the threshold for harassment, the “intent to harass, annoy, or alarm.” If they do this in an online manner, they could meet the threshold for ARS 13-2916, which covers harassment made through electronic means. The former situation here is a Class 6 Felony, the latter a Class 1 misdemeanor.

Now let’s say they take it a step further and they want to inform your employer… unless you’re willing to pay them to stop. This meets the threshold for extortion, which is a Class 2 or Class 4 Felony depending on other specific factors related to the wording and nature of the threat. Regardless, in the event that someone wants to try and leverage your words against you for their financial benefit, contact an attorney immediately.

It goes without saying that, despite the cliche, the internet really can be forever. Anything you post anywhere can likely be found, even if deleted, and you should expect that while you’re “free” to post anything you want online, actions have consequences. However, it is not the right of others to weaponize those words against you. Whether you’re the poster or the attempted reporter, you’re in a high-stakes game: are you willing to risk your job or your freedom over a difference of opinions? If you’ve played the game and lost, contact me at Palestini Law today. Just because your speech isn’t free doesn’t mean you shouldn’t be free, either.