State Senate: Democratic majority
State House: Democratic majority
Governor: J.B. Pritzker (D)
Attorney General: Kwame Raoul (D)
Summary:
As a large, strongly Democrat state, Illinois’ legislature and AG often follow similar tracks as their counterparts in New York and California.
The state has recently passed The Civil Liability for Doxing Act, after unanimous votes in both chambers. It allows victims to recover damages and to request “a temporary restraining order, emergency order of protection, or preliminary or permanent injunction to restrain and prevent the disclosure or continued disclosure of a person’s personally identifiable information or sensitive personal information.” It is the first law of its kind in the Midwest and is part of a push by the Anti-Defamation League (ADL) to pass similar laws at the state and federal levels. ADL has helped similar laws pass in Maryland, Nevada, Oregon, and Washington.
The state also recently passed the censorious SB 1909 which prohibits a limited services pregnancy center from engaging in unfair methods of competition or unfair or deceptive acts or practices. The law was successfully challenged and blocked by a district court.
In February 2023 Sen. Rachel Ventura [D] in introduced SB 2355, one of the most censorious bills introduced in the nation, establishing a so-called “Truth and Tolerance Commission” within the Department of Human Rights to censor and delegitimize so-called “hate speech.” Thankfully the bill has not progressed since introduction.
Key Policymakers:
Legislative Activity:
HB 3841: The Stop Social Media Censorship Act. Provides that the owner or operator of a social media website that censors or deletes a user’s religious or political speech is subject to a private right of action by certain social media website users in this State. Authorizes the recovery of actual damages, statutory damages, and punitive damages. Provides for the award of reasonable attorney’s fees and costs. Prohibits a social media website from using alleged hate speech as a defense. Authorizes the Attorney General to bring an action on behalf of social media website users. Introduced by Rep. Brad Halbrook [R] and Rep. Chris Miller [R] in February 2023 but did not progress.
HB 5850 (2022): The Truth in Politics Act. Creates prohibitions against (i) false or misleading statements to affect a vote, (ii) unlawful attempts to affect the outcome of a campaign, (iii) distribution of materials intending to mislead people on a candidate’s incumbency status, and (iv) libel and defamation in political advertising. Requires a candidate to include in all of the candidate’s campaign literature and advertising the following statement: “I am a candidate for (specify office), and I support the accuracy of this message.” Provides penalties for failure to timely file a signed Code of Fair Campaign Practices and for violations of the Code of Fair Campaign Practices or other provisions of the Article. Provides that, if a person violates the provisions, the person can be enjoined civilly. Provides that a violation of the provisions are Class A misdemeanors. Introduced by Rep. Denyse Wang Stoneback [D] in November 2022 but did not progress.
SB 3510: The Minor User of Social Media Protection Act. Provides that a social media company that has Illinois account holders shall develop a written policy, made available to the public, that complies with the procedures set forth in the Act and establish a reporting function that permits account holders to report that an Illinois account holder is a minor. Provides that a social media company that receives a report that an Illinois account holder is a minor shall verify the age of that account holder and, if a reasonable age verification reveals that the reported account holder is a minor, the social media company shall take down the reported account holder’s account. Sets forth provisions concerning liability for social media companies and liability for commercial entities or third-party vendors. Introduced by Sen. Laura Fine [D] and Sen. Rachel Ventura [D] in February 2024 but has not progressed.
HR 508: Condemns the support of Hamas, Hezbollah, and other terrorist organizations at institutions of higher education, which may lead to the creation of a hostile environment for Jewish students, faculty, and staff. Calls upon campus administrators to condemn all forms of anti-Semitism on college campuses and to ensure Jewish students, faculty, and guests can exercise the same free speech rights as are guaranteed to all other students, faculty, and guests without intimidation. Urges enforcement of State and federal civil rights laws to protect Jewish students from anti-Semitism. A Republican-only bill introduced by Rep. Tom Weber [R] on November 8, 2023 but has not progressed.
HR 3943: The Social Media Content Moderation Act. Provides that a social media company shall post terms of service for each social media platform owned or operated by the company in a manner reasonably designed to inform all users of the social media platform of the existence and contents of the terms of service. Provides that on a semiannual basis, a social media company shall submit to the Attorney General a terms of service report including specified information. Introduced by Rep. Jenn Ladisch Douglass [D] in February 2023 but did not progress.
SB 2355: Establishes the Truth and Tolerance Commission within the Department of Human Rights to delegitimize hate speech. Directs the Governor to appoint 15 voting members to the Commission who represent diverse racial, ethnic, sexual orientation, and geographic groups. Bill expresses support for social media censorship and encourages organized “counter-speech” to oppose “hate speech.” Empowers the Truth and Tolerance Commission to “hold monthly meetings, conduct public hearings, use the Internet to accept input and simplify the reporting of instances of hate speech; create and promote resources to counter hate speech and promote tolerance, including truthful counterarguments and memes for use on social media using text, audio, video, or slideshow presentation designed for any particular audience, including, but not limited to, government agencies.” Introduced by Sen. Rachel Ventura [D] in February 2023 but has not progressed.
HB 4933: The Digital Forgeries in Politics Act provides that an individual depicted in a digital forgery who is a resident and a candidate for office in Illinois has a cause of action against any person who knowingly distributes, or enters into an agreement with another person to distribute, a digital forgery if the distribution occurs within 90 days before a regular election; and the distribution is reasonably likely to harm the reputation or electoral prospects of a candidate in an election. The Act sets forth exceptions and allows a court to issue a temporary restraining order, preliminary injunction, or permanent injunction ordering the defendant to cease the display or distribution of the digital forgery. It also includes additional awards to a prevailing plaintiff.The bill was introduced by Rep. Jennifer Gong-Gershowitz [D] in February 2024 but has not progressed.
HB 2954: (Signed into Law) The Civil Liability for Doxing Act allows victims to recover damages and to request “a temporary restraining order, emergency order of protection, or preliminary or permanent injunction to restrain and prevent the disclosure or continued disclosure of a person’s personally identifiable information or sensitive personal information.” It’s the first law of its kind in the Midwest and is part of a push by the Anti-Defamation League (ADL) to pass similar laws at the state and federal levels. ADL has helped similar laws pass in Maryland, Nevada, Oregon, and Washington. The bill’s sponsor Rep. Jennifer Gong-Gershowitz said that she introduced the anti-doxxing law as “a way to hold accountable those who perpetuate hate online.” The law does not involve criminal charges but imposes civil liability on individuals who dox any Illinois residents. Actions can also be brought against individuals when “any element” of a doxxing offense occurs in the state. Introduced in February 2023, passed both chambers unanimously and signed into law on August 3, 2023.
SB 1909 (Signed into Law) : Amends the Consumer Fraud and Deceptive Business Practices Act. Prohibits a limited services pregnancy center from engaging in unfair methods of competition or unfair or deceptive acts or practices: (1) to interfere with or prevent an individual from seeking to gain entry or access to a provider of abortion or emergency contraception; (2) to induce an individual to enter or access the limited services pregnancy center; (3) in advertising, soliciting, or otherwise offering pregnancy-related services; or (4) in conducting, providing, or performing pregnancy-related services. Introduced by Sen. Celina Villanueva [D] in Feb. 2023, passed both chambers along partisan lines and signed into law on July 27, 2023. Blocked by district court.
