A judge ruled against Maricopa County Attorney Rachell Mitchell’s efforts to challenge a First Amendment law being exercised by an ASU protestor.
PHOENIX — A judge has ruled against Maricopa County Attorney Rachel Mitchell’s efforts to undo First Amendment legal protections tied to a 2024 ASU protestor case.
A group at ASU’s main campus was protesting in favor of Palestine within the Israel-Hamas conflict. One protestor, named in court documents as Michaela Koert, was charged with misdemeanor trespassing during the protests. Koert filed a motion in June 2025 to dismiss and a motion to set an evidentiary hearing related to Arizona’s “anti-SLAPP” (strategic lawsuit against public participation) law.
That law allows someone in Arizona to attempt to dismiss any legal action made against them involving their First Amendment rights if that legal action “was substantially motivated by a desire to deter, retaliate against or prevent the lawful exercise of a constitutional right.”
Both parties reviewed the case and a Justice Court ruled that Koert had enough evidence to dismiss the charge and warrant an evidentiary hearing.
The state filed a reconsideration, which the Justice Court denied in October 2025, before filing a special action with the superior court, according to court documents.
The special action, which included two arguments to the ruling, was an effort to determine that the anti-SLAPP law is unconstitutional, court documents show. The state additionally argued that the Justice Court had misapplied the language of the anti-SLAPP statute.
The judge rejected the state’s claims and the ruling was upheld.
“The Justice Court correctly applied the statute when it found that Koert had met her burden to bring forth prima facie evidence of the unconstitutional motivations of the prosecutor. Whether her conduct was lawful is irrelevant to an Anti-SLAPP motion,” Maricopa County Superior Court Judge Kevin Wein wrote in the April 14 ruling.
A spokesperson for Rachel Mitchell’s office said the agency plans to appeal the judge’s decision.
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The post Judge rules against Maricopa County Attorney’s Office in 2024 ASU protestor case appeared first on World Online.
