103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3194
 
Introduced 2/17/2023, by Rep. Tom Weber
 
SYNOPSIS AS INTRODUCED:
 

 
New Act

     Creates the Freedom from Government and Private Collusion Against Free Speech Act. Provides that if a State agency or employee of the State coordinates with a private company to deny the freedom of speech of a citizen of this State, the citizen shall have a cause of action against that agency or employee and private company. Sets forth limitations. Provides that if a citizen of this State prevails in an action under the Act, the State agency or employee and the private company shall reimburse the Office of the Attorney General in the amount of 3 times the legal fees incurred in the action, plus the amount of damages awarded as the court shall determine. Effective immediately.
  


LRB103 03406 RJT 48412 b

 
 
A BILL FOR
 

  
HB3194LRB103 03406 RJT 48412 b


  
1    AN ACT concerning 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 
5Freedom from Government and Private Collusion Against Free 
6Speech Act.
 
7    Section 5. Right of action. If a State agency or employee 
8of the State coordinates with a private company to deny the 
9freedom of speech of a citizen of this State, the citizen shall 
10have a cause of action against that agency or employee and 
11private company.
 
12    Section 10. Limits. Insofar as limitations on this freedom 
13are necessary to the basic functioning of State government, 
14the freedom to debate and discuss the merits of competing 
15ideas does not mean that individuals may say whatever they 
16wish, wherever they wish. A State agency or employee may 
17coordinate with a private company to restrict speech in a 
18content-neutral manner if the speech:
19        (1) violates the law; 
20        (2) falsely defames a specific individual;
21        (3) constitutes a genuine threat or harassment;
22        (4) unjustifiably invades substantial privacy or 
 
 
HB3194- 2 -LRB103 03406 RJT 48412 b

1    confidentiality interests;
2        (5) unjustifiably creates a disturbance that prevents 
3    a State agency or employee from
conducting State work;

4        (6) takes place in an area or building that would 
5    otherwise be inaccessible for speech or
physical access at 
6    that time of day; or

7        (7) is otherwise directly incompatible with the 
8    functioning of State government.
9In addition, a State agency may reasonably regulate the time, 
10place, and manner of speech to ensure that it does not disrupt 
11the ordinary activities of the agency. These exceptions are to 
12be construed as narrowly as possible and may never be used in a 
13manner that is inconsistent with an agency's commitment to a 
14completely free and open discussion of ideas.
 
15    Section 15. Fees. If a citizen of this State prevails in an 
16action under this Act, the State agency or employee and the 
17private company shall reimburse the Office of the Attorney 
18General in the amount of 3 times the legal fees incurred in the 
19action, plus the amount of damages awarded as the court shall 
20determine.
 
 
21    Section 99. Effective date. This Act takes effect upon 
22becoming law.