Illinois General Assembly - Full Text of HB5232
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Full Text of HB5232  102nd General Assembly

HB5232 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5232

 

Introduced 1/31/2022, by Rep. Adam Niemerg

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Free Speech Protection Act. Provides that a person who has received permission to place a sign or display on State-supported property has the right to exercise freedom of speech. Provides that the Act does not authorize or protect a sign or display that: is libelous, slanderous, or obscene; constitutes an unwarranted invasion of privacy; violates federal or State law; a reasonable person would understand as intended to denigrate or hold up to ridicule the beliefs of a religion, including, but not limited to, the display of a recognized or altered version of a symbol of a religion in such a manner; or incites others to commit an unlawful act, or to materially and substantially disrupt the orderly operation of the State-supported property in question. Provides that no State agency, official, or employee shall be held liable in any civil or criminal action for any expression made through a sign or display. Effective immediately.


LRB102 25147 JWD 34409 b

 

 

A BILL FOR

 

HB5232LRB102 25147 JWD 34409 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Free
5Speech Protection Act.
 
6    Section 5. Free speech. Except as otherwise provided in
7Section 10 of this Act, a person who has received permission to
8place a sign or display on State-supported property has the
9right to exercise freedom of speech. There shall be no prior
10restraint of material prepared for such a sign or display
11except insofar as it violates Section 10 of this Act. State
12officials charged with the care and custody of the
13State-supported property in question shall have the burden of
14showing justification without undue delay prior to a
15limitation of expression under this Act.
 
16    Section 10. Exceptions. This Act does not authorize or
17protect expression by a person described in Section 5 through
18a sign or display that:
19        (1) is libelous, slanderous, or obscene;
20        (2) constitutes an unwarranted invasion of privacy;
21        (3) violates federal or State law;
22        (4) a reasonable person would understand as intended

 

 

HB5232- 2 -LRB102 25147 JWD 34409 b

1    to denigrate or hold up to ridicule the beliefs of a
2    religion, including, but not limited to, the display of a
3    recognized or altered version of a symbol of a religion in
4    such a manner; or
5        (5) incites others to commit an unlawful act, or to
6    materially and substantially disrupt the orderly operation
7    of the State-supported property in question.
 
8    Section 15. Liability. No expression made by a person
9described in Section 5 through a sign or display in the
10exercise of freedom of speech shall be deemed to be an
11expression of the public policy of the State of Illinois, and
12the State of Illinois, including, but not limited to, any
13State agency, official, or employee shall not be held liable
14in any civil or criminal action for any expression made by a
15person described in Section 5 through a sign or display.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.