103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2186
 
Introduced 2/7/2023, by Rep. Adam M. Niemerg
 
SYNOPSIS AS INTRODUCED:
 

 
New Act

     Creates the Free Speech Protection Act. Provides that a person who has received permission to place a sign or display on State-supported property has the right to exercise freedom of speech. Provides that  the Act does not authorize or protect a sign or display that: is libelous, slanderous, or obscene; constitutes an unwarranted invasion of privacy; violates federal or State law; a reasonable person would understand as intended to denigrate or hold up to ridicule the beliefs of a religion, including, but not limited to, the display of a recognized or altered version of a symbol of a religion in such a manner; or incites others to commit an unlawful act, or to materially and substantially disrupt the orderly operation of the State-supported property in question. Provides that no State agency, official, or employee shall be held liable in any civil or criminal action for any expression made through a sign or display. Effective immediately.
  


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A BILL FOR
 

  
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1    AN ACT concerning State government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 1. Short title. This Act may be cited as the Free 
5Speech Protection Act. 
 
6    Section 5. Free speech. Except as otherwise provided in 
7Section 10 of this Act, a person who has received permission to 
8place a sign or display on State-supported property has the 
9right to exercise freedom of speech. There shall be no prior 
10restraint of material prepared for such a sign or display 
11except insofar as it violates Section 10 of this Act. State 
12officials charged with the care and custody of the 
13State-supported property in question shall have the burden of 
14showing justification without undue delay prior to a 
15limitation of expression under this Act.
 
16    Section 10. Exceptions. This Act does not authorize or 
17protect expression by a person described in Section 5  through 
18a sign or display that:
19        (1) is libelous, slanderous, or obscene;
20        (2) constitutes an unwarranted invasion of privacy;
21        (3) violates federal or State law;
22        (4) a reasonable person would understand as intended 
 
 
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1    to denigrate or hold up to ridicule the beliefs of a 
2    religion, including, but not limited to, the display of a 
3    recognized or altered version of a symbol of a religion in 
4    such a manner; or
5        (5) incites others to commit an unlawful act, or to 
6    materially and substantially disrupt the orderly operation 
7    of the State-supported property in question.
 
8    Section 15. Liability. No expression made by a person 
9described in Section 5 through a sign or display in the 
10exercise of freedom of speech shall be deemed to be an 
11expression of the public policy of the State of Illinois, and 
12the State of Illinois, including, but not limited to, any 
13State agency, official, or employee shall not be held liable 
14in any civil or criminal action for any expression made by a 
15person described in Section 5 through a sign or display.
 
 
16    Section 99. Effective date. This Act takes effect upon 
17becoming law.