Dist. Ct. did not err in dismissing under government speech doctrine plaintiffs-taxpayers and unions’ section 1983 action, alleging that defendants-Village and Illinois Municipal League violated their 1st Amendment rights by subsidizing private speech advocated by League to create “right to work zones” as part of Governor Rauner’s “Turnaround Agenda” and by compelling plaintiffs to associate with League or support political activities of which it disagreed. Allegations in complaint indicated that speech at issue in complaint was ultimately controlled by Village and by other governmental members of League. Moreover, Village had right to speak favorably and to adopt local ordinance authorizing right to work zones, even though plaintiffs had disagreed with such zones, such that said speech could properly be characterized as government speech (as opposed to private speech) that was not subject to 1st Amendment scrutiny. Ct. rejected plaintiffs’ claim that League exceeded scope of its authority by engaging in political lobbying activity that urged its members to adopt said right to work zones. As such, plaintiffs pled themselves out of cause of action, where they asserted that Village did nothing more than join League with taxpayer dollars, and that League issued speech to its own members under Bylaws that gave League’s governmental members ultimate control over association’s message.
Federal 7th Circuit Court
Civil Court
First Amendment