Former IL GOP AG candidate sues House GOP leader, alleging social media censorship

[January 14, 2025]  By Greg Bishop | The Center Square

(The Center Square) – The former Republican Illinois Attorney General candidate is taking the Illinois House Minority Leader to federal court over alleged censorship on her social media page used to communicate government business.

An attorney representing Thomas DeVore, who ran unsuccessfully for AG in 2022, filed the lawsuit Monday in the Northern District of Illinois federal court, alleging Illinois House Minority Leader Tony McCombie, R-Savanna, is censoring DeVore.

“More recently, DeVore expressed critical viewpoints of Leader McCombie’s political actions on her Primary Public Forum in response to Facebook post(s) she had made about government business. As a result of DeVore’s expression of these critical viewpoints, Leader McCombie has banned him completely from her Primary Public Forum and has otherwise deleted his comments,” the lawsuit alleged. “As such, his comments are no longer viewable by the general public, including the over 17,000 followers of Leader McCombie’s Primary Public Forum.”

A spokesperson for McCombie said they will defend the lawsuit.

"This is a politically motivated legal filing and we look forward to vigorously defending the complaint in court," the spokesperson told The Center Square Monday evening.

DeVore’s lawsuit demands a jury trial and seeks a preliminary and then permanent injunction prohibiting McCombie from engaging in content-based regulation of speech on her Facebook page. It also seeks a declaratory judgment that McCombie’s actions violate the First Amendment; a judgment in favor of DeVore and against McCombie for compensatory and/or nominal damages in an amount to be determined at trial; and a judgment for reasonable attorney’s fees and costs incurred in bringing the action.

State Rep. Tony McCombie, R-Savanna, talks with media after being elected Illinois House Minority Leader. - Greg Bishop / The Center Square

“From January 11, 2017 until September 15, 2024, the Primary Public Forum was the sole and exclusive Facebook page utilized by Leader McCombie to discuss government business and to interact with users about government business,” the lawsuit said.

A second Facebook page for McCombie focused on her role as House Minority Leader was created in September, the lawsuit said.

“Even though the Secondary Public Forum has existed for a few months, the Primary Public Forum was, and still is, the substantively exclusive arena where citizens directly engage with Leader McCombie about government business,” the lawsuit said.

DeVore, who is active on Facebook, addressed the issue on Jan. 10, outlining what he said was U.S. Supreme Court precedent.

“It does not matter what kind of social media account it is. It can even be a personal account,” he said. “As such, when an elected official goes on social media and published content that is in regard to his or her public duties, the page becomes a public forum as a consequence of their actions. It’s no defense to try and argue it’s a non-public forum such as a personal page or political page as once the elected official crosses over, he or she cannot walk it backwards.”

Recently, Chicago Alderman Jim Gardiner agreed to pay more than $157,000 to settle a First Amendment lawsuit claiming he violated the rights of six critics on his official Facebook page in 2021, according to WTTW.