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May 29, 2024

Preliminary Injunction Issued Against Governor Pritzker’s Attack On Free Speech –

By John Kraft & Kirk Allen

On August 5, 2023

Rockford, Ill. (ECWd) –

Governor Pritzker’s signing of Senate Bill 1909 into law lends the appearance the State of Illinois would soon violate the essence of free speech in this state.

We firmly believe the government cannot impose a law violative of the First Amendment, designed to quash certain speech it doesn’t like, under the guise of the Consumer Fraud and Deceptive Businesses Practices Act, simply because some people do not like the speech in question.

The Court, in McIntyre v. Ohio Elections Commission stated [ . . . ] the purpose behind the Bill of Rights and of the First Amendment in particular: to protect unpopular individuals from retaliation . . . at the hand of an intolerant society.

In Matal v Tam (2017), Justice Alito said “that the Lanham Act constituted impermissible discrimination based on viewpoint. The law’s prohibition of offensive ideas “strikes at the heart of the First Amendment. Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate.’”

When you choose censorship as your substantive argument, you lose the debate.” Lee Rowland, ACLU, (2017) in We All Need To Defend Speech We Hate and Inside Sources

The following explains the preliminary injunction granted against the State of Illinois, and was originally posted on the Thomas More Society’s webpage: HERE.

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Discriminatory Act Targeting Life-Affirming Maternal Health Ministries Immediately Halted

(August 3, 2023 – Rockford, Illinois) At an August 3 hearing in United States District Court, a federal judge granted a motion requested by Thomas More Society attorneys for a preliminary injunction seeking to immediately halt Illinois’ new law attacking life-affirming maternal health care centers. The lawsuit, National Institute of Family Life Advocates et al. v. Raoul, asserts that this law—enacted on July 27, 2023, and amending the Consumer Fraud and Deceptive Business Practices Act—was designed to target pregnancy help ministries solely because of their pro-life message.

“Free Speech won today in the Land of Lincoln—pro-life advocates across Illinois can breathe a sigh of relief they won’t be pursued for ‘misinformation’ by Attorney General Kwame Raoul,” stated Peter Breen, Executive Vice President and Head of Litigation for the Thomas More Society. Breen argued the case on behalf of National Institute of Family Life Advocates and other pro-life ministries, including pregnancy care centers in Illinois.

“Across the nation, pregnancy help ministries are being discriminated against by laws that target their life-affirming work,” said Breen. “The injunction granted today sends a strong, clear message to the country that the First Amendment protects pro-life speech.”

Read the Verified Complaint for Temporary and Permanent Injunction and Other Relief filed on July 27, 2023, in the United States District Court – Northern District of Illinois Western Division, by Thomas More Society attorneys on behalf of the National Institute of Family and Life Advocates, Women’s Pregnancy Services, Rockford Family Initiative, Relevant Pregnancy Options Center, and Pro-Life Action League, in National Institute of Family Life Advocates et al. v. Raoul here.

 

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5 Comments
  • Dave
    Posted at 21:29h, 05 August Reply

    ARTICLE 1, SECTION 4. FREEDOM OF SPEECH
    All persons may speak, write and publish freely, being
    responsible for the abuse of that liberty. In trials for
    libel, both civil and criminal, the truth, when published
    with good motives and for justifiable ends, shall be a
    sufficient defense. ~ (Source: Illinois Constitution.)

    The Illinois Bill of Rights is there to prevent govt abuse of our unalienable God given rights. Fascist Pritzker needs to be reminded he is NOT above the law. The Illinois state government does not now have the constitutional authority over the state at large to restrict any form of speech. The exercise of such powers is expressly forbidden by ARTICLE 1, Bill of Rights, SECTION 4. FREEDOM OF SPEECH. The purpose of the Illinois Bill of Rights is to handcuff state govt so they don’t tyrannically water down or restrict our freedom of Speech. To the extent that the Illinois state govt and the tyrannical state courts have in the past restricted such speech, their acts are unconstitutional as outside the scope of powers delegated by our Illinois Constitution, and as in violation of .ARTICLE 1, SECTION 4. FREEDOM OF SPEECH. Fascist Pritzker, giving $1 million dollars each to two Illinois state supreme court justices campaign funds unequivocally gives the appearance of giving you the best justice money can buy. I find it despicable that Pritzker thinks he can water down our FREE SPEECH like free speech is privilege instead of an unalienable right. Fascist Pritzker, in the Declaration of Independence, grievance #10 states: “He (the King) has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.” Get the point, your plutocratic approach to your oppressive and we won’t stand for it much longer! You have no lawful authority to King over the citizens of Illinois.

    • Dave
      Posted at 10:13h, 06 August Reply

      Correction: “Get the point, your plutocratic approach to your oppressive and we won’t stand for it much longer! ”

      should have read: Get the point, your plutocratic approach is oppressive and we won’t stand for it much longer!

  • Maggie
    Posted at 12:57h, 06 August Reply

    Very well-written article. Thank you

  • RCS
    Posted at 10:02h, 09 August Reply

    Abortion is a tough subject and there is some legitimate debate related to a narrow set of potential circumstances. However, life remains a gift from God. Embrace life.
    Nowadays, however, abortion is celebrated – almost as if it were a virtue – and many want to rub everyone’s nose in their “right to have an abortion” although supporters of abortion rarely refer to it as “abortion.” Instead, they refer to abortion as “reproductive health care” which of course is soft language and contradictory to the act of abortion.

  • Roberto Newton
    Posted at 05:40h, 10 August Reply

    The essence of free speech is pivotal to the foundation of any democratic society. It’s encouraging to see the courts upholding the First Amendment and ensuring that individual voices, regardless of how popular or unpopular they might be, are protected from retaliation or suppression. It’s essential that we continue to champion this right, allowing for a diversity of opinions and beliefs to flourish without fear of repercussion. This ruling reaffirms the importance of safeguarding the principle that even if we disagree with a certain viewpoint, we should defend its right to exist.

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