By: Mark Glennon*
The modern left’s assault on free speech is perhaps the most terrifying element of the madness we have succumbed to for the simple reason that democracy is meaningless without it. The assault has been largely successful. Voices that should be heard are muzzled and, more insidiously, countless other voices are frightened into silence.
We see that suppression routinely. Too often, readers here tell us of being intimidated into silence by the cancel mob, a mob now controlling much of our government. The iron boot of government on one’s throat is no small matter: Fear of the cost of litigating against a government intent on suppressing free speech is particularly intimidating.
That intimidation must come to an end. Help is often available – a resource you should prize. A number of law firms specializing in free speech are now available, pro bono – free or at reduced cost. And they are winning, thanks to federal courts that still recognize the First Amendment right to free speech.
A Chicago company’s free speech case is an illustration.
Townstone Financial is a smallish, Chicago-based home mortgage originator. It marketed itself primarily through a weekly one-hour show on AM 560 called The Townstone Financial Show. They discussed issues of interest to homebuyers and offered advice to listeners and callers, sometimes getting into topics like crime, policing, movies and the like.
In 2020, the federal Consumer Financial Protection Bureau (CFPB) sued Townstone claiming that the company violated a fair lending law by discriminating against African-Americans.
However, the CFPB never alleged any case of Townstone discriminating on mortgage applications.
Instead, the CFPB said Townstone discriminated through its marketing in its radio show by “discouraging” applications from Blacks. The CFPB’s evidence was a handful of comments on the show made over a four-year period representing perhaps 10 minutes of air time out of about 10,000 minutes.
Some of those comments might be regarded as offensive or in bad taste. They referred to a particular Jewel food store at Clark and Division Streets in Chicago as “Jungle Jewel” and included talk of certain Black areas having “hoodlum weekend” and approaching “a real war zone” or as “crazy” and places “to be driven through quickly” while avoiding eye contact.
But the CFPB did not produce even one example of anybody being discouraged from applying with Townstone. Nor, according to Townstone’s lawyers, has the company ever received any complaint about its show.
The comments from the show cited by the CFPB were taken out of context and meant little, Townstone believed. For example, the “Jungle Jewel” was commonly called that by people in the area, and referred to as such even by a Black blogger, who called it “a socioeconomic nightmare and a haven for street crazies.”
As Towntone’s lawyers later argued, if speech like Townstone’s is illegal, what wouldn’t violate the law? “Are creditors permitted to talk about crime at all? Education? Homelessness? Welfare? Poverty? Income distribution? Are they permitted to criticize the Black Lives Matter movement? Support the police? Criticize the Catholic Church about child abuse scandals? Support the BDS movement? Criticize the BDS movement? Support abortion rights? Oppose immigration?”
The lawsuit threatened to entirely destroy Townstone.
Its owner decided to fight.
But how do you fight against the government, which has unlimited resources?
Enter the Pacific Legal Foundation, a nonprofit with free speech expertise, which represented the company.
A federal court in Chicago threw out the CFPB’s lawsuit in February. However, the ruling was based mostly on the court’s conclusion that the CFPB had authority only to regulate actual discrimination in lending, not marketing conduct that might be deemed “discouraging.” The court therefore didn’t need to get to the First Amendment defense.
However, the CFPB has now appealed to the U.S. Seventh Circuit Court of Appeals, so the free speech defense is being raised again, and Townstone is getting still more help. Among the other firms filing amicus — friend of the court — briefs are Hamilton Lincoln Law Institute, America’s Future, Free Speech Coalition, Free Speech Defense and Education Fund, U.S. Constitutional Rights Legal Defense Fund, and Conservative Legal Defense and Education Fund.
Lawyers from one of those firms, Hamilton Lincoln Law Institute, were guests on our podcast last year discussing legal issues with the University of Illinois’ Diversity, Equity and Inclusion policies and Gov. Pritzker’s gas tax signage law.
It’s amicus brief in Townstone’s case summarizes it nicely: “Congress has not deputized CFPB as the ‘Tasteful Joke Police,’ nor would the First Amendment permit that delegation…. By conflating candid discussions of crime with the disparagement of African-American communities, CFPB seeks to do just that. Under the First Amendment, it cannot.”
If you think Townstone’s case or other First Amendment cases you’ve heard about are isolated examples, you are dangerously uninformed.
The assault on free speech is massive. Much of the government, social media and the press are partners in the Censorship Industrial Complex. That term was coined by Michael Shellenberger, who laid out 56 pages of evidence in congressional testimony last year. The Missouri v Biden case, now on appeal and likely to go to the U.S. Supreme Court, is already blowing the lid off much of the unholy alliance. Read about the massive evidence of record, discussed in the trial court’s Independence Day order.
And if you think the assault on free speech isn’t ongoing in Illinois, you are again dangerously uninformed. Illinois Attorney General Kwame Raoul essentially thumbed his nose at the First Amendment when he personally drafted the Illinois law targeting alleged pro-life “misinformation” given out by crisis pregnancy groups near abortion clinics. A federal judge ridiculed it and enjoined its enforcement earlier this month. Chalk up that victory to another of the pro bono law firms available to help on First Amendment issues, the Thomas More Society.
Gov. JB Pritzker “is gaining a reputation as a hard-left culture warrior who is happy to silence political opponents,” as the Wall Street Journal recently said. “Pritzker apparently thinks that invoking the name Trump is a justification to get away with saying or doing anything. Not under the U.S. Constitution,” wrote the Journal.
He told CNN, “There ought to be a private right of action for anybody that’s dissuaded or told something that’s false, that’s the important thing.” That would be flagrantly unconstitutional.
Under the guise of banning book bans, the General assembly passed and Pritzker signed a bill delegating control over what books libraries carry to a group run by an open Marxist. Most recently, they passed an “anti-doxing” law that flies in the face of textbook First Amendment law, as we explained here.
Illinois Senators Durbin and Duckworth have been among the progressives jawboning tech platforms to do more censorship. And Illinois Congressman Sean Casten introduced a bill to strip courts of the power of judicial review — their power to declare laws invalid as violations of the First Amendment, or anything else.
Do not stand silent when your right to free speech is suppressed. Know that quality legal firms are often available for free. There are more beyond those I’ve mentioned here.
The assault on free speech must be defeated at all cost. Do your part.
*Mark Glennon is founder of Wirepoints
Earlier related columns from Wirepoints:
- Illinois ‘anti-doxing’ bill becomes law – the latest attack on free speech
- Scorching court opinion posted: Federal judge ridicules ‘stupid’ Illinois abortion ‘misinformation’ law and Attorney General Raoul
- 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
- Gov. JB Pritzker’s new assault on free speech
- Hypocrisy unbridled as Pritzker claims opposition to ‘book banning’ will make Illinois a destination state
- 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
- This Gutsy Woman Is Hammering Universities Over Viewpoint Freedom and Cancel Culture, Now Taking The Fight To K-12 Schools
- Claiming ‘Unique Opportunity to Lead the Nation,’ Parents Ask High School to Adopt ‘Freedom of Expression Resolution’
- 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
- On This Independence Day, Commit Never to Kneel Before the Looming Tyranny
- 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
Audio and summary 
A largely unasked question is becoming glaring: Is Illinois doing all it should to use artificial intelligence to make government cost less and work better? So far, the evidence says no.
Audio and summary
https://theconservativetreehouse.com/blog/2023/09/01/twitter-updates-privacy-policy-notifying-users-their-content-will-be-used-to-train-and-develop-enhanced-ai/
One of the worst speech suppression tactics is when the left disguises it all as keeping you “safe”. Or how they are fighting for you by shielding you from “misinformation”. I’d much rather fight someone who explicitly infringes my speech, that form is too bluntly unconstitutional to be enshrined in law. I can easily tell them to go to hell. But when you hear such words as “safety” and “misinformation” you can bet they are looking to actually make your speech illegal, codified, “it’s for your own good” approach with jail time if you speak up. Canada is there already.… Read more »
Mark, your article helps explain why the current administration needs the masses of illegal aliens flooding across our southern border. Informed citizens don’t just vote with their feet, they vote with their choice of where they school their children, where they make their purchases and where they obtain their news. In Chicago and other blue cities, public schools are empty, merchants are leaving and publications are failing. Rather than face the problems they’ve caused politicians look to overwhelm the citizenry with pliable obedient sheep from foreign countries.
All you Illinois residents, you just don’t get it. By living in Illinois, you are supporting the government that is trying to silence you. You are therefore supporting your own lack of freedom. If you want to make a difference, take your tax dollars to a conservative state. Some still exist.
Sure they could do that but complaining about Illinois politics isn’t as much fun from another state.
Let me guess take a guess. You’re from another state, have no identifiable interest in following or commenting on local Illinois politics, but nevertheless feel compelled to tell people fighting hard to retreat from the front lines. I’m consistently amazed by the frequency of move out comments and the commenters pushing them. I’ve got a treasure trove of data and research indicating that out of state political participation rates are too small to even measure. Shockingly, on this website, they’re something like 70% of the comments. Have you really thought about the moving argument? If Democrats take over Illinois, it’s… Read more »
If???? lol. How is Illinois absorbed into the federal government? If all it takes is Illinois to be controlled by dems then we should already be there.
“How is Illinois absorbed into the federal government?” Great question. I’m sure they’ll try something if everyone gives up and runs away.
There you go again with more holier than thou virtue signaling about how we all must sit in the misery like you do. Everyone says move because it makes good sense to even move to Hammond if you are blue collar and can’t afford Briar Ridge on the golf course in Munster. Staying is stupid because your money circles the drain. Enjoy the misery Dave, we chose to make a change. I lived and grew up in the city and don’t need you to tell me to wallow in more misery. Is this all you have in your bag of… Read more »
“There you go again with more holier than thou virtue signaling about how we all must sit in the misery like you do.” You’re not even here! You have no standing! Did you follow your own advice and move out already? I wouldn’t want you to sit in the misery. I don’t sit in misery. I fight back. You get mad at me for telling people to stay, and you go on with some huge rant about the right to tell people to leave. Who is virtue signaling? You should support people in this fight like me instead of urging… Read more »
Trump didn’t have any standing and nor did Giuliani for all the vote fraud perpetrated on the American people when they took their cases to court for all the swing states. Standing is a weak uniparty excuse for attempting to silence my speech which you will never do. I don’t think you are thinking about the end game here. I don’t trust the government at all. You say your worthless drivel non-stop but the battle has been lost in Illinois for a long time and will never be won back, never. It’s a one party system that protects itself in… Read more »
Aleksandr Solzhenitzin left us his final warning in the proscribed book “Two Hundred Years Together”. Be wary of the laws pushed on us by Pritzger’s communist gang and do not comply!
Excellent article. Completely true.
I don’t want to hear a word out of Durbin’s mouth until he apologizes to the family of the innocent woman a life long drug dealer (he lobbied to get released from a life sentence in prison ) murdered for being a passenger in a car that went around his that was idling at a green light.
Sack of Durbin!
Excellent article. You would think the 1rst Amendment, free speech and freedom of religion which are the cornerstone of America, would be a no-brainer for near everyone. People over the years came to America for this very reason for decades. The fact of the matter is politicos like JB Pritzker, Joe Biden, Barack Obama, and most Democrats hate the Constitution and want it to go away. Pritzker and Democrats love tyranny when they control the government. What if it were the other way around?.
Free speech and freedom of religion are no-brainers for almost everyone! One of legacy media’s greatest achievements is in convincing the common sense majority that they’re alone, nobody is on their side, and that there’s nothing they can do. Don’t fall for it! In reality, our contemporary communication environment has tremendous capabilities for everyone and extremely low barriers to entry. We now have more of a voice than ever, and this is why the status quo wants to restrict speech.
Censorship is precisely about silencing political opponents. Have you ever talked to your liberal lush aunt? My aunt has a mini-stroke upon even hearing the name Trump. On a psychological level, people like this, and JB gets triggered by conservatives, and he just wants to shut them up.
Democrats are largely a cult now.
You’re so right. I’ll vote for Trump instead of the cult party. Don’t care if he is convicted either. He’s the next messiah. All hail Trump!
You’re not even good at trolling!
Da Judge agrees. Trump is da man. Don’t vote for democrats or their cult.
This is neither a pro Trump or anti Trump comment and simply a real life observation: Trump Derangement Syndrome is real. I used to scoff about the name but I’ve witnessed the mere mention of the word “Trump” triggering spasmodic, irrational, emotional explosions of hate dozens of times and no longer doubt it. Otherwise rational people, my fellow citizens, are contorted by the word into drooling, violent, barbaric uncaged animals. It is truly astounding.
‘Pavlovian Conditioning Response’ – needed for a cult.
TDS is real, incurable, and terminal. A bit like leprosy was in antiquity. I think we should put TDS suffers into TDS colonies, preferably outside of US jurisdiction, where they can’t vote.
JBP – “There ought to be a private right of action for anybody that’s dissuaded or told something that’s false, that’s the important thing.” That would be flagrantly unconstitutional.
Like ‘safe & effective’…?
My body my choice…?
‘Fair maps’
My body/my choice … except when it’s not My body/my choice. As in COVID jabs.
Sorry, but I’m still SO angry about the destruction to both people and the economy because of their stubborn refusal to actually pay attention to what was happening and ‘follow the science.’
Florida got it right – too bad DC didn’t.
The most effective way to defend free speech would be to make a member of the ‘enemies of free speech’ a defendant in a doxing lawsuit.
This would put judicial insiders in the difficult position of either ruling against one of their own, or in favor of free speech.
One obvious potential defendant should be SPLC which publishes a Hate Map and decides its own subjective criteria for who gets doxed on it.
Good Americans must stay on the attack against these liberal SJWs. We need to push the politicians that believe in the founding of America to pass a law holding these SJW politicians personally libel for passing unconstitutional laws or using our tax dollars to defend in court their unconstitutional lawsuits. We need to make them put up their own fortunes if they want to defend their positions. That will shut them down very quickly.
ACLU used to stand up for free speech — now it’s a joke — with the sole purpose of destroying law enforcement
The ACLU was always a hypocrite to their name. They have never defended the 2nd Amendment.
You do not practice what you preach.