Illinois progressives are reveling in the media spotlight, celebrating the passage of the Illinois Worker Freedom of Speech Act, which Governor JB Pritzker signed into law late last week. The bill sailed through the General Assembly along strict party lines, with Republicans unanimously opposed.
Don’t let the name fool you; this Act has about as much to do with workers’ freedom of speech as a fish has to do with bicycles. Instead, it’s a ticking time bomb for employers and a giant middle finger to the First Amendment’s right to free speech.
Here’s the kicker: Under this genius piece of legislation, employers face mandatory fines of $1,000 per employee, plus civil lawsuits if they dare to discuss “religious or political matters” in mandatory meetings. Yep, you heard that right – no political talk allowed.
Imagine working for a company that produces renewable energy products. If your employer discusses the importance of government subsidies for your product and job in a meeting, they’d be fined. Similarly, a company manufacturing gasoline-powered vehicles couldn’t inform employees about government efforts to promote electric vehicles without facing penalties.
The ramifications are endless. Most companies have stakes in government actions that impact their operations, hiring capabilities, and wages. Employers should have the right to communicate their views and hope for worker support, as protected by the First Amendment.
Some companies are inherently political. For instance, Google’s leaked “all-hands meetings” are often brimming with political discourse. Google would face fines under this Act if such meetings were mandatory and held in Illinois. This is an infringement on the company’s right to free speech.
The Act provides very few exemptions. It even affects nonprofit 501(c)(3) organizations, such as think tanks and political policy groups on both sides of the aisle. For instance, Wirepoints, an independent nonprofit company that produces original research and commentary about Illinois’ economy and government, would be banned from discussing government matters in internal meetings.
The Act represents a blatant First Amendment violation. Similar laws in six other states are already being challenged in court. The primary intent of the Act is to ban meetings where management discourages union activity, but it’s excessively broad. Even this primary intent is legally dubious, as the National Labor Relations Act may preempt it.
Illinois has cemented its status as the state most hostile to free speech. A federal judge recently ridiculed another Illinois law as “stupid” and unconstitutional, forcing Attorney General Kwame Raoul to abandon its defense. Let’s hope this latest gem meets the same fate in court. After all, it’s not just unconstitutional – it’s impressively stupid.
