By: Mark Glennon*
Illinois progressives are all over the media congratulating themselves on passage of The Illinois Worker Freedom of Speech Act, signed into law by Gov. JB Pritzker on Wednesday. It passed both houses in the General Assembly along strict party lines, with Republicans opposed.
It has nothing to do with worker freedom of speech, creates a nightmare for employers and is yet another measure by the state that flagrantly ignores the First Amendment’s right to free speech.
Under the Act, most every employer in the state faces mandatory fines of $1,000 per employee plus civil lawsuits if they discuss “religious or political matters” at meetings where worker attendance is mandatory.
Think about that – no discussions allowed on political matters.
So, say you work for a company that makes a renewable energy product of some kind. Your employer would be fined for a meeting discussing the importance of government subsidies for your product and your job . Likewise, a company making conventional gasoline powered vehicles could not tell its employees about the impact of government efforts to replace them with electric vehicle makers.
The list of similar examples is endless. Most every company today has matters pending in government that could impact the company, its capacity to hire people, how much it can afford to pay them and even matters outside of the company’s business that may be important to workers. Employers obviously should have the right to communicate their views on that and hope their workers will support them, and they do under the First Amendment.
Some companies are particularly political. Take a look, for example, at some of Google’s leaked “all hands meetings.” Many brim with discussion of political matters. Here’s a clip from one where Google execs melted down, some choking up, while discussing Donald Trump’s election and how they should counteract it.
I don’t know whether attendance was required at those meetings, but if it was and such a meeting was in Illinois, the company would be fined a thousand bucks under the Act for every Illinois employee there. That’s wrong. Giggle if you want but they should be free to discuss those things as they choose.
The list of exemptions from the Act is very narrow. Even nonprofit 501(c)(3) companies are covered. Most think tanks and many political policy operations on the left and right are 501(c)(3)s, including Wirepoints. We and others like us now can’t discuss government matters at our internal meetings?
Good luck trying to force us to comply. The Act is as brazen a First Amendment violation as you will find. At least six other states have passed or are considering similar legislation, called “captive audience bans,” and they are already being challenged in court on First Amendment grounds.
The main purpose of the Act was to ban meetings where management discourages union activity. The Act does that, but to say it’s overbroad would be a monumental understatement. Even that purpose is legally questionable. Other captive audience bans are being challenged on the grounds that the field is preempted by the National Labor Relations Act, making the state laws impermissible.
Illinois has now firmly established itself as the state most hostile to freedom of speech. A list of examples is below.
In one case last year, the state’s First Amendment violation was so extreme that a federal judge ridiculed it as “stupid” as well as unconstitutional. That forced Illinois Attorney General Kwame Raoul to give up trying to defend the law at issue.
Let’s hope this new law gets taken to court fast. It, too, is stupid as well as unconstitutional.
*Mark Glennon is founder of Wirepoints.
UPDATE 8/2/24. The movement to restrict free speech is winning. That’s the headline in a new column today by legal analyst Jonathan Turley. He’s right, and it’s terrifying. As he points out, “53% of Americans believe that the First Amendment goes too far in protecting rights. So there is now a majority who believe that the First Amendment, including their own rights, should be curtailed. The most supportive of limiting free speech are Democrats at a shocking 61%. However, a majority (52%) of Republicans also agreed. Roughly 40% now trust the government to censor speech, agreeing that they trust the government “somewhat,” “very much,” or “completely” to make fair decisions about what speech should be disallowed.”
Earlier stories on Illinois’ hostility to First Amendment free speech rights:
- Illinois Attorney General cries uncle in free speech case but tries to hide it
- Let The Government Censor Away Through Agents It Controls, Say Kwame Raoul And Cabal Of A.G.s To U.S. Supreme Court
- Scorching court opinion posted: Federal judge ridicules ‘stupid’ Illinois abortion ‘misinformation’ law and Attorney General Raoul
- Illinois ‘anti-doxing’ bill becomes law – the latest attack on free speech
- Illinois delegated control over its ‘ban on book bans’ to an organization now run by a self-described Marxist
- Illinois’ new ban on book bans is an empty and hypocritical stunt
- Woke cancel culture’s new low: Chicago native Glenn Loury’s podcast banned by YouTube as ‘hate speech’
- Gov. JB Pritzker’s new assault on free speech
- Response by Illinois progressives to Friday’s Supreme Court rulings was shameful, irresponsible and dishonest
- Hypocrisy unbridled as Pritzker claims opposition to ‘book banning’ will make Illinois a destination state
- Universities better get ahead of surging anti-woke backlash. The University of Illinois should go first.
- Chicago Tribune and Sun-Times suppress news of national scandals
- Two ‘Compelled Speech’ Matters Beg For Litigation In Illinois
- Chicago Fed’s Woke Enemy Of Free Speech Heading For Promotion To Federal Reserve Board
- Money talks: Donors show the path to restoring freedom of thought and speech in higher education
- The Illinois Attorney General Should Join This Historic, Critical Lawsuit — Missouri v. Biden
- Tech Censorship Hits Illinois: Center Square Tweets Blocked
- Illinois Senators Durbin and Duckworth Are Among The Book Burners Happy With Big Tech Censorship
- The Capitol Building, Illinois And The Suppression Of Political Dissent
- An important lesson from Chicago on confronting the enemies of free speech
- Buzz Off, Attorney General Garland. Furious School Parents Will Not Be Silenced
- The battle between free speech and censorship takes center stage in Illinois and across the country – Podcast
- On This Independence Day, Commit Never to Kneel Before the Tyranny
Audio and summary 
If this bill passes, say goodbye to local control over all Illinois parks and expect to see open drug and alcohol use, needles, no sanitation and fire hazards, but no ordinary park users.
Only in Illinois would a law that restricts speech be called a “freedom of speech” law.
Lawyers have to eat too.
DEI (Diversity, Equity & Inclusion) is Social Marxism. So, if they talk about DEI, they can be sued?
Plus they are usually groomers too, which is almost worse.
It’s gonna be fun going to the next all-department meeting at work and it comes time for open questions to the CEO! I’m gonna intentionally ask a question with political influences.
Yes indeed. Any open discussion that spills into politics would mean trouble. Nor could anybody go into discussion about DEI issues insofar as any government policy is involved.
Too bad you won’t see any of the money.
What about eliminating any tax credit for Invest in Kids program?
Silly as kamala running for pres.
As silly as kaaamaaala running for pres……
Makes as much sense as Kaaaamaaala running for Pres.
… and… every single media outlet is bankrupt on day two.
Only in Illinois would a law that restricts speech be called a “freedom of speech” law.
Good point
Seriously, this ^, I mean what in the ever living * are these people thinking?
This can’t be constitutional. Perhaps Pritzker’s store bought IL Supreme Court will review this? And conclude what?
I expect to see a lawsuit next week.
With Kwamie Raoul wasting more of Illinois Taxpayers money to defend it. Virtue signaling is expensive. Until CTU financially suffers from this kind of thing it will never end.
All you residents of Illinois and readers of WP, go ahead and start complaining about this new state law. Next, you can move on and complain about your property taxes, crime, debt, and public schools. Just so you know, many former Illinois residents understand your grief. What we don’t understand is why you fail to see a problem in the mirror. As they say, “follow the money”. The Illinois money comes from you. I’m to blame for supporting Illinois up until 3 years ago. For many years I didn’t see myself as part of the problem. I blamed the politicians.… Read more »
Illinoisans are slaves with a slave’s mindset. They think their slave existence is the way of the world. They have never lived free so they know no better. They are institutionalized.
Never thought of it that way, but you may be correct.
Hey, FIW, as much as you are correct in the apportion of blame – within the context of enabling this behavior by not voting with our feet, there are priorities that keep some of us in place… Family, both younger and older, work, sub 3% mortgages…
So, while I am here, I am going to scream loud and clear about the destruction of this once great city and once great state. Until I can indeed move on, I am going to be loud and outspoken.
And, yeah, the hurricane doesn’t care and while you feel better, the feeling is fleeting.
Martin, I would agree that priorities like family are valid for delaying a move by a year or two, but Illinois has been a growing disaster for at least a decade. Can you see the folly of all family members sticking around to support each other while the ship beneath them sinks? Somebody needs to lead the way to the lifeboats.
I tell my son to get out of IL and come down to Arkansas with the rest of the family but he says he and his “husband” wouldn’t feel “safe” lol
Stockholm syndrome.
Wow. Good post. Thank you for saying this.
I was born in Chicago. Should have never bought a home there. Fed up with the crime and the indifference to crime.
For those who stay and fight, I wish you well. The journalists who expose the corruption are doing vital important work.
As for me and my family, we just couldn’t take it anymore.
Lots of likes for your monotonous brand of contempt.
I’m curious. If you live in Illinois, do you really believe yourself to be anything other than a slave of the ruling party? What supports your delusions of freedom?
Hello ACLU?
I would respectfully disagree: the stupidest law signed into law this year in Illinois was the one that legalized infanticide.
I dunno Donna. Methinks the one giving trans “people” the right to be trans without penalty was pretty out there.
Don’t forget the law that legalized men marrying men and women marrying women lol
all terrible IL laws but have we already forgotten about the anti-citizen act, aka one that makes it illegal all of a sudden to love your country?
it went by the acronym but i really hope an allow new tax inflow net information gross generative external relief act gets introduced at the federal level.
Idiocracy elevated. i can’t wait to vacate this crap hole state.
So…
Is the CPD prohibited from talking about the DNC during their mandatory staff meetings…?
No, as you’d expect, government exempted itself. That exception is in the bill.
Incredible, just wow.
This was another good ‘litmus test’ for J.B. Pritzker to show the country he is serious and not just another petulant leftist extremist by vetoing the bill.
but he IS a petulant leftist extremist…..or more accurately he is whatever he needs to be to become President. We are all cannon fodder for the Pritzker for President Campaign.