Articles Posted in Supreme Court of Illinois

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The City of Chicago, charged defendants, members of the “Occupy Chicago” movement, with violating the Chicago Park District Code, which closes all Chicago public parks between 11 p.m. and 6 a.m. and prohibits people from being inside any park during these hours. The circuit court of Cook County dismissed the charges, finding the ordinance unconstitutional on its face and as applied to the defendants. The appellate court reversed, holding that the ordinance did not violate the defendants’ First Amendment right to assembly. On remand for review under the state constitution, the appellate court again reversed. The Illinois Supreme Court affirmed, first holding that the Illinois Constitution of 1970 is to be interpreted and applied in lockstep with the federal precedents interpreting and applying the assembly clause of the First Amendment of the U.S. Constitution. In arguing that the state constitution provided greater protection, the defendants forfeited any claim that the appellate court failed to properly conduct intermediate review under the applicable First Amendment jurisprudence. View "People v. Alexander" on Justia Law

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In 2010, the circuit court adjudicated Minnis a delinquent minor for committing the offense of criminal sexual abuse (720 ILCS 5/12-15(b) and sentenced him to 12 months’ probation. The adjudication for criminal sexual abuse rendered him a “sex offender” pursuant to the Registration Act (730 ILCS 150/2(A)(5), (B)(1); the court ordered Minnis to register as a sex offender. On December 17, 2010, defendant reported to the Normal police department to register. He disclosed his two e-mail addresses and his Facebook account. Defendant’s May 2011 registration form listed the same Internet information. Defendant registered again in August 2014, including his two e-mail addresses, but omitting his Facebook account. On September 9, Normal police officers viewed defendant’s publicly accessible Facebook profile online; Minnis had changed his Facebook cover photo only one month before his August 2014 registration. The circuit court of McLean County dismissed a charge of failure to register, finding that the Internet disclosure provision was overbroad in violation of the First Amendment. The Illinois Supreme Court reversed and remanded for trial, treating the challenge as one to facial validity. The Internet disclosure provision survives intermediate scrutiny. It advances a substantial governmental interest without chilling more speech than necessary. View "People v. Minnis" on Justia Law