Capitol Fax.com - Your Illinois News Radar » Updated Posts
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
Does the IPI have a good case against the Worker Freedom of Speech Act? (Updated)

Tuesday, Aug 13, 2024 - Posted by Rich Miller

* SJ-R

On July 31, the Democratic governor [JB Pritzker] signed into law legislation limiting employers’ use of “captive audience” meetings where employees are effectively forced to listen to the political or religious views of their boss.

The “Worker Freedom of Speech Act” goes into effect on Jan. 1, 2025, and does not prohibit businesses from holding these meetings, but rather prevents employers from punishing workers if they choose not to attend them. Illinois became the eighth state, joining states like New York and Minnesota, to pass such a law.

The Illinois Policy Institute argue in their federal suit filed last week that the new law infringes the freedom of speech rights of employers and claim the law is too broad — leaving more companies liable to penalties. Under the new law, the Illinois Department of Labor can issue $1,000 fines per violation and employees can sue.

Some employers, such as political organizations and not-for-organizations with 501(c)(4), 501(c)(5), and 501(c)(6) IRS designations, are exempt. The Illinois Policy Institute is a 501(c)(3) and is therefore subject to the law alongside churches and traditional charities.

* From the IPI’s lawsuit

Plaintiff Illinois Policy Institute (“the Institute”) is a 501(c)(3) nonprofit organization that engages in research related to public policy from a perspective that favors, among other things, civil and personal liberties; effective, efficient, honest, and transparent government; limited government; free markets; and workers’ freedom to choose whether to join a labor union.

The Institute regularly conducts mandatory staff meetings at which the organization’s views on questions of public policy are expressed.

The Act now makes those meetings unlawful.

This restriction on the Institute’s ability to speak to its employees about the very subject matter of the organization’s mission violates the Institute’s right to free speech under the First Amendment. […]

In effect, the Act bans the Institute from communicating with its employees during mandatory meetings about “proposals to change legislation, proposals to change regulations, [and] proposals to change public policy”—even though creating such proposals is one of the principal purposes of the Institute.

The Institute is a research organization that publishes policy research on a variety of political topics, including the state budget, jobs, labor, pensions, education, and criminal justice. […]

At the mandatory meetings and mandatory retreats, the Institute has discussed topics such as the Workers’ Rights Amendment, the proposed real estate transfer tax in Chicago, and the Invest in Kids tax credit scholarships.

They’re essentially arguing that the law is a content-based restriction of employer’s speech, and therefore violates the 1st Amendment.

* From the law’s definition section

“Political matters” means matters relating to elections for political office, political parties, proposals to change legislation, proposals to change regulations, proposals to change public policy, and the decision to join or support any political party or political, civic, community, fraternal, or labor organization.

* From Littler, a pro-employer labor law firm

Recent state laws similar to SB 3649 have faced legal challenges, and it is anticipated that such laws will likely be struck down in the end, even if the U.S. Supreme Court has to swing the final axe. For example, in New York, a New York District Court enjoined enforcement of legislation limiting employer speech during organizing campaigns. There, the District Court granted a temporary restraining order on the grounds that the legislation as written was facially invalid because it violated the First Amendment in constituting “a viewpoint-based law that discriminates against speech based on the ideas or opinions conveyed.”

Further, Section 8(c) of the National Labor Relations Act provides specific protection for employer speech, stating that “[t]he expressing of any views, argument, or opinion . . . shall not constitute or be evidence of an unfair labor practice . . . if such expression contains no threat of reprisal or force or promise of benefit.” Consequently, SB 3649 may also face challenges on the grounds that it is preempted, insofar as it is contrary to Section 8(c) and interferes with national labor policy (an argument Littler successfully made in Metropolitan Milwaukee Association of Commerce almost 15 years ago). In light of the unresolved questions about the legality of SB 3649, employers are forced to choose whether to comply or challenge the new law on constitutional grounds, including federal preemption and First Amendment concerns.

The broader point aside, it’s odd that they didn’t exempt 501(c)(3) organizations.

…Adding… Some union officials I talked with this afternoon claim that IPI is actually exempt and point to this section of the law

Nothing in this Act… limits the rights of an employer or its agent, representative, or designee from communicating to its employees any information that is necessary for the employees to perform their required job duties

  13 Comments      


Sangamon County Sheriff Jack Campbell announces his retirement (Updated x3)

Friday, Aug 9, 2024 - Posted by Isabel Miller

* SJ-R Reporter Patrick Keck

* Sheriff Campbell’s full statement…

I was first elected Sheriff in 2018. I embraced that role, to lead SCSO, but I always saw myself as a cop, not a politician. And for over thirty years, my career has been dedicated to improving and protecting our community. As Sheriff, I have committed my life to advancing our capabilities and effectiveness, implementing new policies and practices to ensure we serve the community with the highest standards of integrity and professionalism. All this was done with the idea of creating a safer Sangamon County.

The tragic death of Sonya Massey has been a heartbreaking event for our community. My deepest condolences go out to her family and friends. Since the incident, I have been proactive and transparent, working tirelessly to present all of the facts to the public. I have committed to making changes to our standards and collaborating with other units of government on ways to prevent incidents like this in the future. The one person truly responsible for this act is in jail, and I believe justice will be served through the legal process.

Despite these efforts, some in our community want me to pay the price for that person’s actions, even threatening that I pay that price with my life, my family’s lives, or the lives of my Deputies. We will only persevere together as a community if we turn down the temperature and resolve to do better. We must honor the life of Sonya Massey by ensuring that no one else falls victim to such tragic and senseless action. That has been my sincere mission since that fateful day. But it has become clear that the current political climate has made it nearly impossible for me to continue effectively in my role. Some individuals would rather see our community divided and in turmoil, than allow me to continue serving as Sheriff. The health of me and my family, the Sheriff’s Office, and our community has to be my priority.

As elected leaders, we must always put the overall good of the community above ourselves; and I will not risk the community that I swore to protect. For this reason, I am announcing my retirement as Sheriff of Sangamon County, effective no later than August 31st.

While it is painful to say goodbye, I do so knowing I have fulfilled my duties and served to the best of my ability. I want to express my deepest gratitude to the citizens who have supported me throughout the years. I am forever grateful for the opportunity I had, for the people I met and for this Office that I love.

…Adding… WAND reporter Caryn Eisert

…Adding… Governor’s office…

The Governor hopes a fresh start with new leadership will usher in a new era of reform and rebuild the trust lost between the Sangamon County community and the Sheriff’s Office.

* WCIA

Famed civil rights attorney Ben Crump, who is representing Sonya Massey’s family, has issued a statement on Sangamon County Sheriff Jack Campbell’s resignation.

“The retirement of Sheriff Jack Campbell marks a turning point in the ongoing pursuit of justice for Sonya Massey,” Crump said. “Although the pain of her loss is still fresh, Sonya’s family is willing to work with the outgoing sheriff for the remainder of his tenure to help heal the community and achieve full justice for Sonya. The Massey family also hopes to work with Sangamon County’s next sheriff to examine how this tragedy happened and to ensure that a tragedy like this never happens again in this community.”

  19 Comments      


Pritzker calls for Sangamon County Sheriff Campbell’s resignation (Updated x3)

Wednesday, Aug 7, 2024 - Posted by Isabel Miller

* Subscribers know more. Governor Pritzker at an unrelated news conference this morning

Amanda Vinicky: Could speak about you why are you calling for the resignation of the Sangamon County Sheriff? And also, I believe, you committed to the Massey family that you would sign a bill in her name?

Governor Pritzker: That’s a little inaccurate. We had a conversation about it. There wasn’t a bill. There were some ideas that were discussed when I visited with the Massey family.

But let me just begin by reminding everybody of this terrible tragedy and something that never should happen anywhere in the United States, let alone in the state of Illinois or in Sangamon County. Where a woman who called police to get help, asked them to protect her was instead killed by the deputy sheriff. And if you watch the video, in a horrific fashion.

I can’t get past the idea that we have to do more to protect people. We’ve done a lot, and I want to credit the Illinois State Police, who did the investigation in a very short 10 days. That’s hard to do, to do an investigation, because you’ve got to do a lot of interviews. It’s a, you know, I think a fulsome endeavor and came to the state’s attorney, who immediately was able to get a grand jury to file charges. So it happened in a quick fashion as it can. But it never should have happened in the first place.

And I talked to one of the Black elected leaders in Illinois just after it happened, to get her perspective and she shared with me because I was so upset about it. She shared with me that even though, yeah, we haven’t made enough progress. She said to me that, you know, in years past, there never would have been an investigation. There wouldn’t have been a body cam. No one would have known what really happened. And maybe the silver lining, if there is a silver lining in this, is that someone is being held accountable. And yet we have much more to do.

So, yes, I sat with the Massey family and promised them that we would look at every avenue to determine how we might prevent this from happening to anyone ever again.

And I called for the Sheriff’s resignation, because the sheriff has failed. He has failed to explain how he ended up hiring this deputy sheriff who has been fired from other departments. He failed to put forward reforms that clearly need to be made, training and other reforms.

And [Campbell] still has failed to meet with the Massey family. That seems to me, I’m not saying that’s a fireable offense to not meet with them. But that just seems outrageous to me. At a minimum, listen to them, hear them and then, hopefully, take action.

So that’s why I called, and the Lieutenant Governor and I did that together, just to be clear, called for his resignation.

…Adding… WAND reporter Caryn Eisert has Sheriff Campbell’s response

I was overwhelmingly elected to lead the Sheriff’s Office through both good times and bad. I am fully prepared to continue leading my office and serving the residents of Sangamon County through this difficult period, ensuring we learn from this tragedy and work toward a better future.

* Campbell’s full statement…

The Sangamon County Sheriff’s Office continues to grieve for Sonya Massey and her family. While our grief cannot compare to the pain of the family, our office is trying to heal from within; All employees of the Sheriff’s Office feel betrayed by one of their own.
 
On four separate occasions, I have requested to meet with the Massey family through intermediaries designated by the family. My requests have been rejected or not accepted. I am still willing to meet with the family.

The Sheriff’s Office is willing to modify our hiring practices in order to prevent an incident like this from occurring again. However, before changes can be made, it is important to identify the problem. We have used a process that we believe was consistent with statewide standards. If these standards are deficient, we would advocate a change at all necessary levels. 

We are working diligently to gather all the facts in order to make intelligent decisions and to avoid making changes that are unlikely to lead to meaningful results. I agree with the Governor’s comments from yesterday, there are still questions. I have worked tirelessly to make all the facts available to the public as swiftly and transparently as possible.

I am committed to working with our community and elected leaders to improve not only the Sheriff’s Office but also hiring standards on a statewide level to prevent a state agency from certifying a similar law enforcement officer six different times in the future. 

We need to unite and heal. The one responsible is in jail and will never work in law enforcement again. Calls for my resignation are nothing more than political maneuvering during a tragic event and only hurt the good citizens of Sangamon County.

I was overwhelmingly elected to lead the Sheriff’s Office through both good times and bad. I am fully prepared to continue leading my office and serving the residents of Sangamon County through this difficult period, ensuring we learn from this tragedy and work toward a better future.
 

…Adding… The governor pushed back on Campbell’s statement during his second press conference of the day

It’s been a month. It’s been a month. We should have seen already a meeting with the Massey family. If he’s reached out, he hasn’t done a very good job, because the Massey family hasn’t had the meeting that they’ve asked for.

Second, as you know, the deputy sheriff resigned from every position. [Sean Grayson] held positions for less than a year, sometimes for just a few months, six times resigned. And I ask the question simply, and I think people have for a month now, what did the sheriff know about his background? Why didn’t he do more work on his background before hiring him? And a month has gone by again. A lot could have been said about that over the course of this month.

And the final thing is, this isn’t about politics. It’s about bringing people together in Sangamon County and making people feel safe. It’s the sheriff’s job to make people feel safe, and he’s done the opposite of that by not answering questions, by going to a church and beginning his remarks by saying, I’m not resigning, like as if that’s the first thing people want to hear. And then there are signs that have been put up about saving him, not doing something about the murder of Sonia Massey, but about saving his political career. So I think he’s the one that’s played politics. It’s time for him to go.

  60 Comments      


Kamala Harris picks Tim Walz as her running mate (Updated)

Tuesday, Aug 6, 2024 - Posted by Isabel Miller

* AP

Vice President Kamala Harris picked Minnesota Gov. Tim Walz to be her running mate on Tuesday. That’s according to three people who spoke to The Associated Press.

In choosing Walz, she’s turning to a Midwestern governor, military veteran and union supporter who helped enact an ambitious Democratic agenda for his state, including sweeping protections for abortion rights and generous aid to families. The people were not authorized to speak publicly about the choice and spoke to AP on condition of anonymity.

The NYT, CNN and Reuters are all confirming Walz as Harris’ pick.

* NBC

In picking Walz, who’s in his second term and also served 12 years in Congress, Harris will have as her No. 2 someone with a proven record of winning over white working-class voters in Rust Belt states while also boasting a robustly progressive record.

Democrats will hope that mix of attributes helps a Harris-Walz ticket shore up support in the onetime “blue wall” states of Wisconsin, Pennsylvania and Michigan — longtime Democratic strongholds at the presidential level that Donald Trump flipped in 2016 and Joe Biden flipped back in 2020. This year, they’ve been seen as Biden’s, and now Harris’, most viable path to victory.

* Illinois Playbook

Gov. JB Pritzker took part in the “Comics for Kamala” fundraiser on Monday alongside Nick Offerman, Ben Stiller, Kathy Griffin and others. The governor kept his humor self-deprecating. “I am a little nervous about being in the mix with all these incredibly funny individuals,” Pritzker said. “I just want you to know I got on because I’m sitting around waiting for my call to be vice president. My phone hasn’t rung for at least a couple of days now, but I’m hoping I get that call.” The event went on to raise more than $460,000.

…Adding… Governor JB Pritzker


* Governor Pritzker’s statement…

Today, following Vice President Kamala Harris’ selection of Minnesota Gov. Tim Walz as her running mate, Gov. JB Pritzker released the following statement:

“Governor Tim Walz is a proven leader who brings to public service the big heart and hard work of a Midwesterner. His unwavering commitment to improving the lives of working families and to lifting up the most vulnerable is why I’m so excited he will be the Democratic Party’s nominee for Vice President. Tim is a friend and fellow Midwestern governor, and I’ve been proud to serve alongside him. Vice President Kamala Harris once again has proven her leadership by choosing someone our party and the nation can be proud of.

“I am fully committed to electing the Harris-Walz ticket. I will do everything I can to ensure victory in November for Democrats up and down the ballot here in Illinois and across the country.”

…Adding… ILGOP…

Vice President Harris’s pick reflects the agenda she intends to bring to this nation: another radical leftist from a deep blue state who will continue the disastrous Bidenomics policies crippling the nation’s economy as we speak. At least Americans can breathe easy knowing that Illinois’s own out-of-touch leftist billionaire governor JB Pritzker won’t be a heartbeat away from the Presidency anytime soon. With leftists like these headlining the Democrat ticket, President Trump’s message of secure borders, safe streets, and prosperous communities will win in November.

* Comptroller Mendoza…

A U.S. Army National Guard veteran and high school football coach who lowered taxes on the middle class – Kamala Harris chose a real champion for American families. I love that Governor Walz signed a bill to stop Minnesota students from going hungry and that he came out against a Minneapolis defund-the-police referendum. Governor Walz funded Minnesota police departments, putting more cops on the street and investing in body cameras. An avid hunter himself, Governor Walz established universal background checks for gun purchases. Governor Walz came from humble beginnings like I did and he brings common-sense, middle-of-the-road Midwestern values to this campaign. He is a strong defender of women’s reproductive rights. I will proudly vote as a delegate for Harris and Walz and will work tirelessly for the next three months to make sure America wins with them at the helm.

* More…

  70 Comments      


« NEWER POSTS PREVIOUS POSTS »
* When RETAIL Succeeds, Illinois Succeeds
* SB 328 Puts Illinois’s Economy At Risk
* SB 328: Separating Lies From Truth
* Hexaware: Your Globally Local IT Services Partner
* SB 328 Puts Illinois’s Economy At Risk
* When RETAIL Succeeds, Illinois Succeeds
* Reader comments closed for the next week
* Isabel’s afternoon roundup
* SUBSCRIBERS ONLY - Campaign updates
* Three-quarters of OEIG investigations into Paycheck Protection Program abuses resulted in misconduct findings
* SB 328 Puts Illinois’s Economy At Risk
* Sen. Dale Fowler honors term limit pledge, won’t seek reelection; Rep. Paul Jacobs launches bid for 59th Senate seat
* Hexaware: Your Globally Local IT Services Partner
* Pritzker to meet with Texas Dems as Trump urges GOP remaps (Updated)
* SB 328: Separating Lies From Truth
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Supplement to today's edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Selected press releases (Live updates)
* Live coverage
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............

...............


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
July 2025
June 2025
May 2025
April 2025
March 2025
February 2025
January 2025
December 2024
November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller