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Protected: SUBSCRIBERS ONLY - Session update (Updated x2)

Thursday, Nov 21, 2024 - Posted by Rich Miller

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Illinois Supreme Court rules state SLAPP law doesn’t automatically protect traditional journalism (Updated)

Thursday, Nov 21, 2024 - Posted by Rich Miller

* Some good background is here and here on Glorioso v. Sun-Times Media Holdings. The state statute in question is here. The Sandholm case referenced below is here.

* Illinois Supreme Court Justice David Overstreet wrote the opinion, with all justices concurring except Justice Rochford, who took no part in the decision

Defendants, Sun-Times Media Holdings, LLC, and Tim Novak, appeal the judgment of the appellate court, which affirmed an order of the circuit court of Cook County that denied their second motion to dismiss the defamation complaint filed by plaintiff, Mauro Glorioso. On appeal, defendants contend the complaint is subject to dismissal as a “Strategic Lawsuit Against Public Participation (SLAPP)” pursuant to section 15 of the Citizen Participation Act (Act). 735 ILCS 110/15 (West 2022). For the following reasons, we find the lawsuit is not a SLAPP and affirm. […]

The [appellate] court noted precedent finding that a newspaper’s investigatory reporting on the activities of government fell into the activities protected by the Act but found major distinctions between those activities and the publication of the articles. Because the articles were published as news, rather than editorial or opinion pieces presenting the thoughts or stance of the writer, and had no bearing on any election, the court found that whether procuring favorable governmental action was the purpose of the articles remained an unsettled issue of fact.

That’s just ridiculous reasoning. Facts can clearly have as much or more bearing on governance and elections than opinion. But the top court bought it

As we have stated, the first prong of the post-Sandholm test requires defendants to show that the movants’ acts were in furtherance of their rights to petition, speak, associate, or otherwise participate in government to obtain favorable government action. Defendants argue that, because the articles are “investigative reports” about the activities of a public official within a government agency, they address a matter of public concern and thus constitute “acts in furtherance of [defendants’] right to petition, speak, associate, or otherwise participate in government” within the meaning of section 15 of the Act. Plaintiff disagrees, arguing that an act of petition, speech, or association is not in furtherance of the right to participate in government within the meaning of section 15 unless it is aimed at procuring favorable government action or outcome. We agree with plaintiff. The Act’s plain language encompasses acts of “participation in government” and does not contain language extending such protection to speech regarding matters of public concern that do not amount to “government” participation.

* More

The declared policy of the Act is to protect “the constitutional rights of citizens and organizations to be involved and participate freely in the process of government.” While section 5 speaks to the vitality of “[t]he information, reports, opinions, claims, arguments, and other expressions provided by citizens”, nowhere in section 5, or anywhere else in the language of the Act, is there any mention of news media or the freedom of the press. This is not to minimize or understate the importance of the press and other news media in our democracy. Our jurisprudence is replete with privileges and other protections designed to protect these concerns, many of which remain at issue in this lawsuit. We are simply holding that the Act specifically protects government participation and does not encompass all media reports on matters of public concern as advocated by defendants.

The Illinois General Assembly needs to add the news media to the SLAPP Act post-haste

[Appellate] Justice Hyman dissented [in the appellate ruling], asserting that appellate decisions since Sandholm have strayed from its reasoning and erroneously required that a lawsuit be “ ‘meritless and retaliatory’ ” in order to be dismissed as a SLAPP. The dissent painstakingly outlined the origins of the test and its application by the appellate court in order to show that the retaliatory requirement has no basis, will encourage the filing of SLAPPs, and is unworkable. In Justice Hyman’s view, the articles were clearly published in sole furtherance of government participation because they reported on government malfeasance and were “undeniably newsworthy and of interest to the public,” which could lead to reform.

Hyman is exactly right. But there’s nothing to be done about it now except change the law.

* It’s important to note that even if the news media was explicitly included in the statute, that still might not have saved the Sun-Times because of another aspect of the court’s reasoning

Turning to the second element of the Sandholm test, the appellate court agreed that whether plaintiff’s complaint is filed solely based on defendant’s exercise of political rights requires a showing that the suit is both meritless and retaliatory. With regard to lack of merit, the appellate court agreed with the circuit court, finding as follows:

    “We find that [defendants’] reporting could reasonably be read as not fair, accurate, or truthful by creating the implication that [plaintiff] was more culpable in the alleged activity than the anonymous complaint claimed, both in terms of his supposed actions and his supposed authority over PTAB employees. These are questions of fact that allow [plaintiff’s] complaint to survive the pleading stage. Defendants have failed to meet their burden of proving that [plaintiff’s] lawsuit is meritless.”

Turning to the issue of whether defendants showed that plaintiff’s complaint is retaliatory, the appellate court noted that this issue concerns whether plaintiff’s goal in filing the lawsuit was to seek damages for the harm caused to his reputation and character or whether the sole intent was to chill defendants’ rights of petition and speech related to participation in government. The court noted precedent that identified two factors considered on this issue: (1) the timing of the lawsuit and (2) the relationship between damages requested and the injury. In evaluating these factors, the appellate court concluded that defendants failed to show plaintiff’s lawsuit is retaliatory.

In my opinion, this case should never have been brought to the Supreme Court. What a mess.

…Adding… I talked to one of the lead lobbyists on the original SLAPP bill, who said there was no perceived need to mention news media in the language at the time, “because - until this decision today - no court had ever drawn a distinction regarding who was doing the speaking. Speech is speech. It didn’t matter if the speaker was part of the news media or not.”

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It’s just a bill (Updated)

Thursday, Nov 21, 2024 - Posted by Isabel Miller

* WGEM

Illinois is one step closer to requiring workers with intellection and developmental disabilities be paid the full minimum wage.

The state Senate Executive Committee passed the Dignity in Pay Act Wednesday by a 9-3 margin with bipartisan support. It now heads to the Senate floor.

“Old-fashioned stereotypes about the limit and worth of disabled lives must change,” said Ryan Croke from the Pritzker administration. […]

The bill would end Illinois’s 14(c) certificate program, which allows some employers to pay people with disabilities less than the minimum wage. Though administered by the federal government, Illinois lawmakers can outlaw the program from being used in the state.

…Adding… HB793 passed the Senate 43-11. It will be sent to the governor.

* Tribune

With legislation pending in the Illinois General Assembly to govern coal ash, and proposed U.S. Environmental Protection Agency (EPA) rules under consideration to regulate both coal ash and Ethelyn Oxide (EtO), a local sense of urgency is growing with changes coming in Washington, D.C.

For nearly three years, state Rep. Rita Mayfield, D-Waukegan, pushed legislation to require NRG to remove rather than fill the two coal ash ponds at its decommissioned Waukegan electrical power plant. […]

When the 103rd General Assembly convened in early 2023, Mayfield posed her bill again and said she remains five votes short. Some of her Democratic colleagues fear it could cause coal-fired power plants in their districts to close, putting people out of work.

Mayfield said she hopes to get it done in January’s lame duck session which convenes a few days before the 104th General Assembly takes office.

* Sen. Laura Fine

To ensure patients suffering from chronic pain receive recommended treatment, State Senator Laura Fine passed legislation to authorize physicians to prescribe controlled substances according to updated federal guidelines.

“To combat the opioid epidemic, in 2016 states instituted policies that severely restricted the prescribing of certain opioids,” said Fine (D-Glenview). “As a result, chronic pain patients with a legitimate need for these medications were at risk of self-medicating and putting their mental and physical health in jeopardy.”

House Bill 5373 reflects new guidelines issued by the Centers for Disease Control and Prevention for the prescribing of opioids for chronic pain. The legislation would allow physicians to make necessary prescriptions for controlled substances, including opioids, without strict limitations based on dosage amounts except as provided under federal law.

Additionally, Fine’s bill would protect patient confidentiality by preventing the release of opioid prescription and treatment information without a legal order verified by the Illinois Department of Human Services or an administrative subpoena from the Illinois Department of Financial and Professional Regulation. […]

House Bill 5373 passed the Senate on Wednesday.

* Rep. Cyril Nichols introduced HB5917 this morning

Amends the Pharmacy Benefit Manager Article of the Illinois Insurance Code. Provides that, on or before July 1 of each calendar year, each pharmacy benefit manager registered in this State must submit a report to the Director of Insurance detailing specified information concerning pricing discounts, rebates, or other financial incentives received by the pharmacy benefit manager during the previous calendar year; the terms and conditions of any contract between the pharmacy benefit manager and any party related to providing pharmacy benefit manager services to a health plan; and any activity, policy, practice, contract, or arrangement of the pharmacy benefit manager that may directly or indirectly present a conflict of interest. Provides that the Director may, at the Director’s discretion, require additional quarterly reports. Sets forth provisions concerning confidentiality and rulemaking. Effective January 1, 2026.

* 25News Now

Wednesday in Springfield, Republican State Reps. Charlie Meier, David Friess, and Bill Hauter raised concerns over drug exposure in Illinois prisons.

They said many inmates receive mail, ask for bug fumigation in their cells, and then smoke the mail laced with insecticide as cigarettes. The lawmakers said this is causing other inmates and workers to get sick from the smoke. […]

The representatives are supporting Bill 5893, which will require the Illinois Department of Corrections to implement a policy of electronically scanning and processing all incoming mail for inmates.[…]

Meier said a pilot program for electronic mail is scheduled to start in seven months, but he said prisons cannot wait that long.

* Sen. Mike Simmons…

State Senator Mike Simmons is sponsoring legislation to strengthen workforce recruitment and retention for educators and childcare providers in Illinois.

“We need a plan for Illinois families and childcare providers to be able to find the best employees possible,” said Simmons (D-Chicago). “By getting feedback from all parties, we can create a comprehensive plan that sets children, families and providers up for success.”

Under the legislation, the existing State Comprehensive Day Care Plan survey of day care facilities would include feedback from groups and individuals with relevant expertise and lived experiences with the goal of promoting workforce recruitment and retention for educators and childcare providers.

“We need to hear from the folks directly affected by workforce challenges, and with this legislation, we can bring more people to the table while we continue to address this ongoing problem,” Simmons said. “With the help of communities across the state who are struggling with childcare solutions, we can find better ways Illinois can assist in addressing the employment shortcomings.”

House Bill 814 passed the Senate on Wednesday.

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Some election news (Updated)

Wednesday, Nov 20, 2024 - Posted by Rich Miller

* President…

* Freshman incumbent Democrat Eric Sorensen increased his percentage to 54.3 from 51.98 in 2022…

More congressional results are here.

* Legislative…

Subscribers know more about other contested legislative and judicial races.

* Two years ago, Rep. Syed defeated a Republican incumbent who had managed to unseat a different Democratic incumbent, so she under-performed the top of the ticket. This time around, her percentages were more aligned with the new map

Click here to read the rest of her thread.

…Adding… Wow…

  19 Comments      


This judge needs to be pulled off of domestic violence cases (Updated x2)

Wednesday, Nov 20, 2024 - Posted by Rich Miller

* From March

As Chicago’s top cop announced charges Friday against a convicted felon accused of brutally stabbing his ex-girlfriend and killing her 11-year-old son, Police Supt. Larry Snelling repeatedly said the attack “should’ve never happened.”

But questions remained over what should have been done to prevent the attack, including why Crosetti Brand, 37, was released from the Stateville Correctional Center on Tuesday after having been sent back to prison earlier this year for menacing the pregnant woman while on parole.

The next day, Brand allegedly forced his way into the woman’s Edgewater apartment, stabbed her repeatedly, then stabbed her son Jayden Perkins when the boy came to her aid.

The woman had repeatedly asked for help from authorities in the weeks before the attack, including seeking an emergency order of protection that was denied by a Cook County judge. […]

In the meantime, the woman sought an emergency protection order. During a Feb. 21 hearing, the woman told Judge Thomas Nowinski that Chicago police didn’t let her file a report when she called about Brand. Instead, they told her to get a protection order. “They asked me, do I have one currently,” she said, “and I told them no.”

At no time during the hearing did the judge ask questions about the alleged texts or Brand’s visit to the home, according to a transcript.

Nowinski decided against issuing an order, even though the woman testified under oath that she had previously sought one against Brand in 2009.

* Yesterday

A man suspected of fatally stabbing his wife Tuesday in Portage Park had already been facing charges for allegedly choking and attempting to kidnap her last month, but he was released on GPS monitoring, the Chicago Sun-Times has learned.

Hours after the Tuesday stabbing, the suspect, 57, was found dead inside a car a block away.

An off-duty detective witnessed the stabbing about 2:25 p.m. in the 5600 block of West Leland Avenue and suffered a gunshot wound while trying to intervene, according to a preliminary statement from Chicago police. […]

The man was previously charged in a separate attack against his wife on Oct. 9 — the same day he was served with an emergency order of protection she had sought, court records show.

Prosecutors filed a petition that day to have him held in Cook County Jail pending trial, but it was denied by Judge Thomas E. Nowinski. Nowinski instead released the suspect on GPS monitoring, ordered him to refrain from possessing weapons and forbade him from visiting his wife’s home, work or school.

According to her petition for the protective order, the second the woman had sought against her husband this year, she said he grabbed her as she was walking to the bus, tried to cover her mouth to stop her from screaming and attempted to knock her unconscious.

Judge Nowinski, who serves in the court’s Domestic Violence Division, is Clerk of the Circuit Court of Cook County Iris Martinez’s former chief of staff.

* And before anyone pops off in comments, every major group that works with domestic violence survivors in this state supported the SAFE-T Act because it gave judges and prosecutors far more power to keep abusers behind bars until trial.

…Adding… From The Network, an anti-domestic violence advocacy organization…

Yesterday, a woman was stabbed to death by her husband in Portage Park, who then injured an off-duty police officer before taking his own life. According to media reports, the man was previously charged in a separate attack against his wife in October and prosecutors filed a petition to have him held in Cook County Jail pending trial. However, Judge Thomas E. Nowinski denied the petition and released the individual on electronic monitoring. Now, the woman is dead and a police officer is injured.

Judge Nowinski was also at the center of the tragic murder of 11-year-old Jayden Perkins by Crosetti Brand in March. A few weeks prior to the murder, Nowinski refused to issue an order of protection to Jayden’s mother, who was told by Chicago Police to seek order of protection after Brand sent threatening text messages and appeared at Perkins’ home.

Today, The Network: Advocating Against Domestic Violence is calling on Chief Judge Timothy Evans to reassign Judge Thomas Nowinski from the domestic violence division and ensure Nowinski no longer presides over any domestic violence cases.

“Judge Nowinski’s failure to protect the community has now resulted in two tragic, preventable murders,” said Amanda Pyron, President and CEO of The Network: Advocating Against Domestic Violence. “He has repeatedly shown he does not have the judgment necessary to keep survivors safe, and at a minimum he must be reassigned. When survivors go to the courts for protection, that protection must be effective. Judge Nowinski has failed in that duty, and allowing him to continue to hear domestic violence cases sends the wrong message to survivors across Chicagoland.”

“We also strongly encourage the Pretrial division to review procedures for domestic violence screening to ensure that judges have all necessary information to accurately understand risk, including recent petitions for orders of protection,” said Pyron. “The failure to provide correct information in this case proved lethal.”

…Adding… One of the judge’s longtime friends (who I also know well) wanted to get this into the record…

This is an awful tragedy. If there were tools to perfectly predict human behavior pretrial with zero error, they would be used to prevent these sorts of tragedies.

The facts of this case are that the defendant was served an order of protection to stay away from the victim at the hearing and placed on GPS monitoring. The petition to detain filed by the prosecution stated no history of orders of protection, no prior arrests for assault or threats, and no weapons used.

There are metrics used to assist in risk assessment on whether defendants should be held pretrial, and this defendant had very low pretrial risk assessment scores. He had a 1 for Domestic Violence Screening, no flag for violent criminal activity, and a 2 out of 6 on criminal activity scale. He had no prior convictions or supervisions in his background and no prior arrests for domestic battery based on what was presented in court.

Illinois Appellate Court precedent clearly states that judges must consider GPS and must issue the least restrictive conditions of release. If someone has no background and low scores from pretrial, and without other incidents, detention has routinely been reversed by the appellate court.

The role of protecting the community from violent offenders while also respecting the constitutional rights of the accused is complicated, especially in this modern era. Every case has different facts and must also be viewed in context with hundreds of previous cases that set precedent for the judiciary, public safety professionals, and the attorneys involved in these matters.

The person claims that the office of pretrial services and the state’s attorney claimed there was no history of orders of protection and no prior arrests for assault, harassment, or threats. The judge, he said, doesn’t recall anything brought up by the prosecutors, particularly not a threat to choke her. The state’s attorney didn’t appeal the decision.

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« NEWER POSTS PREVIOUS POSTS »
* Catching up with the congressionals
* Do better
* Big Beautiful Bill roundup: Pritzker says special session may not be needed, warns 330,000 Illinoisans could lose Medicaid; Planned Parenthood of Illinois pledges to continue care despite cuts (Updated)
* RETAIL: The Largest Employer In Illinois
* 'The Chosen One' tones himself down
* 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
* Selected react to budget reconciliation bill passage (Updated x3 - Comments open)
* Yesterday's stories

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