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Arizona's New Free Speech Laws An Act Of Give And Take For Protestors

(Photo by Justin Emerson - Cronkite News)
Anti-Trump protestors blocked supporters' path to a campaign rally on Shea Boulevard into Fountain Hills in March.

Gov. Doug Ducey has signed legislation that could result in longer jail time for some protesters even as it gives additional rights to others.

One bill prohibits state universities and community colleges from limiting protests and other events to so-called free speech zones. The other allows students to sue schools when their free-speech rights are violated. But it also increases the penalty from 30 days in jail to up to six months for protestors who block traffic and keep others from getting to a government meeting, hearing or political rally. 

This measure was crafted after protesters blocked Shea Boulevard in North Scottsdale in an effort to keep presidential candidate Donald Trump and his supporters from a campaign rally in Fountain Hills in March.

Ducey spokesperson Daniel Scarpinato said the new penalty is an attempt to deter some people from intruding on the rights of others. "There's a balance here of everyone getting their voice heard,'' Scarpinato said. "And if someone is physically preventing someone from participating in exercising their constitutional rights, that is unacceptable. And [Ducey] believes this bill strikes the right balance at ensuring that there is order and that everyone is able to get their points heard."

Whether the measure is constitutional remains undecided. Sen. Steve Farley said during the debate on the issue that it's not up to lawmakers to deem that someone's reason for blocking traffic makes him or her subject to a harsher penalty. The new law takes effect August 5.