Chicago, IL. — A nonprofit organization of current and former Democrats has filed a federal lawsuit challenging an Illinois law that bars charities from operating in the state if their names include “Democrats,” “Democratic,” or “Republicans” without approval from the relevant political party.
The lawsuit, filed with assistance from the Foundation for Individual Rights and Expression (FIRE), argues the statute amounts to unconstitutional, content-based censorship in violation of the First Amendment.
The plaintiff, Democrats for an Informed Approach to Gender (DIAG), is a volunteer-run charitable organization composed of Democrats who disagree with their party’s positions on transgender policy. DIAG says it promotes evidence-based medical care, protections for women and girls, and open inquiry within liberal politics.
Although DIAG is federally registered and authorized to solicit donations in 37 states, Illinois rejected its application to fundraise. In a letter, Illinois Secretary of State Alexi Giannoulias said the group would need written approval from the Illinois Democratic Party to use “Democrats” in its name.
Without that approval, DIAG is barred from soliciting donations, holding events, or meeting with supporters in Illinois and could face fines or jail time for doing so. The group says it will not seek permission from a political party whose platform it openly criticizes.
FIRE attorney Daniel Zahn said the law improperly hands political parties veto power over speech. “Illinois can’t get around the First Amendment by outsourcing censorship to party bosses,” Zahn said, arguing no group should need party approval to participate in civic debate.
The law applies only to specific political terms, requiring permission for “Democrat,” “Democratic,” or “Republican,” but not for names referencing other ideologies or parties. FIRE argues this selectively burdens speech based on content and viewpoint.
The lawsuit seeks an injunction blocking enforcement of the provision statewide and a ruling striking it down as unconstitutional. The case was filed in the U.S. District Court for the Northern District of Illinois.
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