Illinois Policy Institute files lawsuit over state law that violates employers’ free speech

Illinois law now prohibits employers from discussing “religious or political issues” with employees. The Illinois Policy Institute has filed a lawsuit alleging that such a restriction on its freedom of speech threatens its ability to operate.

The Illinois Policy Institute is demanding in federal court over a new state law that denies his First Amendment right to communicate with his employees.

The lawsuit states Senate Bill 3649or the “Workers Freedom of Expression Act”, actually revoke Employers’ right to free speech across the state by criminalizing discussions of political or religious matters during meetings. The law goes into effect on January 1.

“Illinois has enacted a law that prohibits speech based solely on its content, whether political or religious,” said Jeffrey Schwab, senior counsel at the Liberty Justice Center, which represents the institute. “The Supreme Court has held that such content-based bans are presumptively invalid. For that reason, SB 3649 should be declared unconstitutional.”

The lawsuit claims the law would criminalize the operation of certain political and religious organizations across Illinois, while preserving the power of public unions and government entities to hold mandatory political meetings. The Illinois Policy Institute regularly holds mandatory meetings on public policy issues due to the nature of its work, as do other nonprofits. Under the new law, these weekly meetings would be illegal and the organization would be fined $1,000 for each employee who attended.

Experts at the Liberty Justice Center argue that the broad definition of “political issues” – which includes changes in legislation, regulation and policy – ​​means it could soon be illegal for organizations across Illinois to hold meetings to discuss important issues such as the impact of regulatory changes on their businesses or organizations.

The law will exempt political parties, public sector unions, government entities, and political and candidate committees. While “religious organizations” will also be exempt from the ban, the bill does not define what a “religious organization” is.

“Government unions can still hold mandatory meetings with captive audiences under SB 3649,” said Mailee Smith, senior director of labor policy at the Illinois Policy Institute. “This means government unions and politicians are once again playing with the rights of Illinoisans so they can silence competition and advance their own political agendas.”

The Liberty Justice Center is currently seeking an injunction against the bill after similar efforts to oppose employers’ free speech regulation in Minnesota and ConnecticutThe lawsuit was filed in the U.S. District Court for the Northern District of Illinois, Eastern Division, on August 8.