Bill Text: IL HB3194 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced) 2023-02-22 - Added Co-Sponsor Rep. Joe C. Sosnowski [HB3194 Detail]

Download: Illinois-2023-HB3194-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3194 Introduced , 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
HB3194 LRB103 03406 RJT 48412 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Freedom from Government and Private Collusion Against Free
Speech Act.
Section 5. Right of action. 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.
Section 10. Limits. Insofar as limitations on this freedom
are necessary to the basic functioning of State government,
the freedom to debate and discuss the merits of competing
ideas does not mean that individuals may say whatever they
wish, wherever they wish. A State agency or employee may
coordinate with a private company to restrict speech in a
content-neutral manner if the speech:
(1) violates the law;
(2) falsely defames a specific individual;
(3) constitutes a genuine threat or harassment;
(4) unjustifiably invades substantial privacy or

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confidentiality interests;
(5) unjustifiably creates a disturbance that prevents
a State agency or employee from conducting State work;
(6) takes place in an area or building that would
otherwise be inaccessible for speech or physical access at
that time of day; or
(7) is otherwise directly incompatible with the
functioning of State government.
In addition, a State agency may reasonably regulate the time,
place, and manner of speech to ensure that it does not disrupt
the ordinary activities of the agency. These exceptions are to
be construed as narrowly as possible and may never be used in a
manner that is inconsistent with an agency's commitment to a
completely free and open discussion of ideas.
Section 15. Fees. If a citizen of this State prevails in an
action under this 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.
Section 99. Effective date. This Act takes effect upon
becoming law.