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Arizona bill targeting 'swatting' could raise First Amendment concerns

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Arizona bill targeting 'swatting' could raise First Amendment concerns


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“Swatting” — falsely reporting a crime to draw an aggressive police response — is an extraordinarily harmful and potentially lethal prank that should be very illegal.

It has also become a popular tactic to harass public officials. In early January, police were called to respond to a reported shooting at the home of Tanya Chutkan, a federal district court judge in Washington, D.C., presiding over one of the federal criminal cases against former President Donald Trump. The prosecutor in the same case against Trump, Jack Smith, also fell victim to a swatting attempt: Police in Maryland raced to Smith’s home on Christmas Day in response to a false report that he had shot his wife. Rusty Bowers, the former speaker of the Arizona House of Representatives, was targeted by swatting in recent weeks, too. An anonymous caller falsely reported a murder inside Bowers’s house and said there was a pipe bomb inside.

In the department of “bad facts make bad law,” the Arizona Legislature is currently considering a bill aimed at targeting swatting, but that could sweep further and raise concerns for public interest news reporting and free speech more broadly. H.B. 2508 would criminalize “initiating or circulating a report of bombing, fire, offense or other emergency knowing that such report is false and intending … that it will cause public alarm or an emergency response.”

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The bill does not, however, define the term “public alarm” and it is not otherwise defined in Arizona law. This may be a problem, since when left open to interpretation, “caus[ing]” public alarm could cover a wide range of activities, including those of journalists. As currently drafted, the bill could be read to apply to a journalist who “circulate[s]” a false report about an emergency, knowing it to be false but adding context or an explanation to it. Or, it could be interpreted to apply to journalists or others writing satirical or parodic social media posts or news articles about phony emergencies that someone may inadvertently take seriously. (Granted, the statute does require “intent” to cause public alarm, but an aggressive prosecutor could still make the case that the act itself implies the requisite intent.)

This concern is not hypothetical. In the early days of the COVID-19 pandemic, a Louisiana man published a post on Facebook comparing the COVID-19 pandemic to a zombie apocalypse movie and saying that law enforcement officers would shoot infected people “on sight.” In an apparent reference to the actor that played the conquering hero in zombie movie “World War Z,” the man ended the post with “#weneedyoubradpitt.” Despite his repeated attempts to explain that this was a joke, the local sheriff’s office arrested the man for “terrorizing” and put him in jail. Though the charges against him were eventually dropped, the man filed a lawsuit against the sheriff’s office, alleging that his First and Fourth Amendment rights had been violated. In a recent decision, the U.S. Court of Appeals for the Fifth Circuit held that the man’s post was entitled to First Amendment protection and there had been no probable cause to support his arrest.

Similar issues have arisen with respect to the scope of the Federal Communications Commission’s broadcast “hoax” rule, which permits the FCC to punish licensees who deliberately broadcast false reports. It was implemented in the early 1990s after a few incidents of dumb pranks by shock jocks and the like. Not all were frivolous, though. One, KSHE radio’s report of a nuclear attack on the U.S. was a bona fide political statement by a DJ in response to callers urging the U.S. to drop an atomic bomb in the first Iraq war. The FCC has, however, interpreted the hoax rule narrowly and requires that the broadcast actually cause manifest harm in the world before bringing an enforcement action.

Fortunately, there’s an easy fix for the Arizona bill: lose the terms “circulating” and “public alarm.” That would narrow the bill to its intended purpose — actual swatting — and limit unintended consequences, like giving the state the authority to go after a modern “War of the Worlds”-type broadcast. If only all things were that simple.


The Technology and Press Freedom Project at the Reporters Committee for Freedom of the Press uses integrated advocacy — combining the law, policy analysis, and public education — to defend and promote press rights on issues at the intersection of technology and press freedom, such as reporter-source confidentiality protections, electronic surveillance law and policy, and content regulation online and in other media. TPFP is directed by Reporters Committee attorney Gabe Rottman. He works with RCFP Staff Attorney Grayson Clary and Technology and Press Freedom Project Fellow Emily Hockett.

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Arizona lawmakers propose statewide air conditioning standards for rental units

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Arizona lawmakers propose statewide air conditioning standards for rental units


PHOENIX — A newly introduced bill, SB 1608, would establish statewide temperature requirements for rental properties in Arizona, requiring landlords to keep units below 82 degrees.

The legislation, introduced by state Sen. Lauren Kuby alongside Attorney General Kris Mayes, comes after several documented air conditioning outages in apartment complexes across the Valley during extreme heat last summer.

The Attorney General’s office stepped in after a person died and another was hospitalized while living in a Phoenix complex that had a broken AC system.

While Phoenix and Tucson already have local laws requiring temperatures to stay under 82 degrees in rental units, it’s not statewide.

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“It’s leading to illness and death and we need to take action,” Kuby said. “There’s a lot of good actors in the area landlords who do the right thing, but there are bad actors too, who are not cooling their rental units appropriately.”

The bill not only contains the temperature requirement, but also shortens the time allotted to get AC fixed or provide a temporary solution from five days down to two days before a tenant could break their contract. It would also prevent evictions in the hottest parts of the summer.

“Landlords can provide accommodations, so that can be putting somebody up in a different unit of the multifamily complex, or they could put somebody in a hotel or they could bring in a window air conditioner,” Kuby said.

The Arizona Multihousing Association said in a statement that Arizona property owners take safety seriously and already have clear legal guidelines and remedies if they aren’t followed.

“We remain committed to working with lawmakers and stakeholders to ensure policies that balance the needs of renters and property owners without creating unintended consequences for the Arizona housing market.”

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This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.





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Deregulation and budget cuts threaten clean air; lawmaker wants to amend Arizona Constitution

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Deregulation and budget cuts threaten clean air; lawmaker wants to amend Arizona Constitution


The perpetual brown cloud engulfed downtown Phoenix for nearly four months out of the year. It blurred the skyline, polluting the view out of Dennis Hoffman’s office window just a few miles away in Tempe. The economics expert said that while Phoenix a couple of decades ago was never as bad as Los Angeles, recent steps to address pollution have improved the city’s air quality.

One of the agencies that made that change possible, the Arizona Department of Environmental Quality, is facing cuts as the state scrambles to comply with federal legislation commonly called the Big Beautiful Bill. The Trump administration’s Environmental Protection Agency will on Thursday begin to rescind the 2009 “endangerment finding,” which allows for the regulation of greenhouse gases.

Amid the rollback of federal environmental regulations and state funding cuts, Sen. Lauren Kuby (D-Tempe) introduced a green amendment to the Arizona Constitution. Announced at Environmental Day at the Capitol on Wednesday, the amendment would enshrine access to clean air, clean water and a healthy environment as a constitutional right for all Arizonans.

“In this moment in this country, Arizona’s environmental protections are not just weak, they’re moving backwards,” Kuby said. “By passing this amendment, Arizona voters will lead on environmental protection to show that a healthy environment is a fundamental right, just like free speech or religious expression.”

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Metro Phoenix struggles with air quality because it is situated in a valley, according to Sandy Bahr, a member of the Grand Canyon chapter of the Sierra Club. Air pollution gets trapped by the mountains and settles over Phoenix and its suburbs. Bahr said people want to live where air is healthy to breathe.

“Here in the greater Phoenix area, we have very poor air quality,” Bahr said. “If they make those kinds of cuts, then we are going to be out of compliance with the Clean Air Act, and there may actually be implications from an economic perspective as well.”

Poor air quality can cause a number of diseases, including asthma and heart problems, according to health experts. Arizona is subject to cross-pollution from other states that compound the issue.

Sen. Lauren Kuby

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Sen. Lauren Kuby (D-Tempe) introduced a green amendment to the Arizona Constitution in a press conference at the Environmental Day at the Capitol in Phoenix on Feb. 11, 2026.

D. J. Portugal is the director of operations at Chispa Arizona, an organization that focuses on empowering members of the Latino community to advocate for cleaner air and water in the communities worst impacted by climate change.

“Corporations, for the longest time, were able to just do whatever they want and pollute the air and create products that polluted the air, and it wasn’t an issue because the policymakers lived on a side of town that wasn’t zoned for that type of production and air pollution, so they were cool in their communities,” Portugal said. “We want our communities to also be safe to breathe in, because it’s literally our lives on the line.”

The repeal of the endangerment finding would deregulate greenhouse gases, allowing corporations to decide the amount of greenhouse gases are acceptable to release into the atmosphere.

“It’s really the corporate polluters that are responsible for the bulk of, in this case, air pollution,” Portugal said. “If there’s no regulatory standard that they have to adhere to. They have no incentive, right? Their incentive as a corporation is just to make money.”

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The specific area most likely to see cuts in ADEQ in the is the local agency on air quality monitoring, according to Hoffman, who is the director of the Center for Competitiveness and Prosperity Research at the L. William Seidman Research Institute at the W. P. Carey School of Business at Arizona State University.

Jennifer Allen, chair of the Pima County Board of Supervisors, said that introducing new protections for clean air and water has been an “uphill battle” at the state Legislature.

“We need the facts, we need data, which is what air quality monitoring provides, and it ensures then that regulators know when to step in and put some limits on polluting industries,” Allen said. “It helps set better policies to protect our air.”

For more stories from Cronkite News, visit cronkitenews.azpbs.org.

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Arizona State Secures Win Over Utah to Boost Tournament Case

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Arizona State Secures Win Over Utah to Boost Tournament Case


TEMPE — The Arizona State Sun Devils (20-6, 7-6 Big 12) took down the Utah Utes (16-9, 7-6) to complete the season sweep by a score of 71-61 on Wednesday night at Desert Financial Arena in Tempe.

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The Sun Devils are coming off of a narrow 67-64 loss to Baylor on Saturday, while Utah lost to Iowa State in a tightly contested game as well.

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Arizona State went into the night in need of a victory to stay on the right side of the NCAA tournament bubble, as they are largely considered a “last four in team” – defeating Utah for a second time would serve as an impeccable profile-booster as far as a tournament case goes.

Follow key aspects of the game below with Arizona State on SI.

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ASU Sun Devils forward McKinna Brackens 921) fights for a loose ball with Kansas State Wildcats guard Taryn Sides (11) at Desert Financial Arena in Tempe on Feb. 1, 2026. | Joe Rondone/The Republic / USA TODAY NETWORK via Imagn Images

First Half

Arizona State took a 15-11 lead into the second quarter behind impressive efforts from forwards Heloisa Carrera and McKinna Brackens.

Arizona state was outscored in the second quarter 19-18, but still took a 33-30 advantage into halftime behind a balanced scoring effort from the starting unit.

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Utah’s Lani White was a standout in the first half of action – scoring 12 points in the first 20 minutes, serving as a catalyst for a Utah offense that took time to get into a groove.

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Second Half

The Sun Devils started out the third quarter with a 16-13 advantage when guard Marley Washenitz knocked down a three-point look to gift the team a 52-43 lead which resulted in a Utah timeout with 1:23 remaining in the half.

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The 52-43 lead stuck around for the remaining minute of the quarter, although Utah managed to cut into the deficit in the first four minutes of the fourth quarter.

In the end, Arizona State’s defense, a late scoring surge by guard Gabby Elliot, and a strong team-wide effort from behind the three point line ensured a win.

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Key Performances

  • Gabby Elliott – 19 PTS, 5 REB, 4 STL

  • McKinna Brackens – 14 PTS, 6 AST, 3 BLK

  • Heloisa Carrera – 12 PTS, 5 REB, 2 AST

What’s Next

Arizona State is set to hit the road for two games – this begins with a trip to face the Arizona Wildcats on Saturday, and concludes with taking on Iowa State on February 18. The Sun Devils likely need to win three or more games to ensure that they are in the tournament field come mid-March – it seems as if they are ready to take on that challenge.

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Read more on the bold strategy that head coach Bobby Hurley employed with comments on 1/21 here, and on why Arizona State may have saved the season with the win over Cincinnati on Saturday here..

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Please follow us on X when you click right here, as well as @khicks_21 for nonstop Arizona State coverage!

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