1. United States
2. Ariz.
3. Letter

I urge you to oppose HB 2026 when it comes before the House Judiciary Committee on Wednesday. This bill would criminalize "disturbing a religious service" through "indecent behavior, profane discourse, or unnecessary noise," even when the alleged disruption occurs outside the building where worship is taking place. The bill's language raises serious First Amendment concerns. The phrase "profane discourse" is unconstitutionally vague and directly targets protected speech. The Supreme Court has repeatedly held that offensive or profane language in public spaces is constitutionally protected expression. This provision would allow law enforcement to arrest individuals for speech content alone, a clear violation of free speech rights. The timing of this legislation is troubling. It follows the recent arrest of journalist Don Lemon by federal agents for covering an anti-ICE protest near a Minnesota church service. That arrest has been widely condemned as unconstitutional overreach, yet HB 2026 would codify similar enforcement authority at the state level. Right-wing lawmakers are pushing identical bills in Idaho, Ohio, Oklahoma, and Tennessee, suggesting a coordinated effort to criminalize protest activity near religious institutions. The bill's reach extends beyond the actual place of worship to include areas "near enough" to disturb the service, creating an undefined buffer zone that could encompass public sidewalks and streets. This grants law enforcement excessive discretion to determine what constitutes a disturbance and where the boundaries lie. Journalists covering protests, demonstrators exercising their rights on public property, and even passersby could face class 1 misdemeanor charges carrying potential jail time. Arizona already has adequate laws addressing genuine threats, harassment, and trespassing. HB 2026 is an unnecessary expansion that sacrifices constitutional rights to target specific forms of political expression. I ask you to vote no on this bill and protect the free speech rights of all Arizonans.