In a compelling legal battle that underscores the tension between free speech and political discourse, an Illinois resident has taken a state representative to court over alleged First Amendment violations. On January 13, 2025, Thomas G. DeVore filed a complaint in the United States District Court for the Northern District of Illinois against Tony McCombie, accusing her of unconstitutional regulation of speech on her official Facebook page.
The case centers around McCombie's use of her Facebook page as a public forum where she discusses government business and interacts with constituents. DeVore alleges that McCombie, who serves as both a state representative and the Illinois House Minority Leader, has been selectively censoring comments critical of her or her policies by hiding or deleting them. This censorship allegedly extends to banning DeVore from participating in discussions on the page altogether after he posted critical comments about McCombie's political activities. DeVore argues that these actions constitute content-based regulation of speech, which is prohibited under the First Amendment.
DeVore’s complaint highlights how social media platforms like Facebook have become vital channels for civic engagement, allowing citizens to communicate directly with their elected officials. The lawsuit references the Supreme Court's recognition of social media as powerful tools for private citizens to express their views and engage with government representatives. DeVore claims that by blocking him from interacting on McCombie’s page, his ability to participate in political discussions and petition his representative has been unlawfully impeded.
In his lawsuit, DeVore seeks injunctive relief to prevent further content-based regulation on McCombie’s Facebook page and demands compensatory damages for what he perceives as violations of his First Amendment rights. He emphasizes that despite McCombie creating an additional Facebook page labeled "Illinois House Minority Leader Tony McCombie," it remains largely unknown to the public compared to her primary page with over 17,000 followers. Consequently, DeVore contends that McCombie continues to conduct most government-related discussions on this primary platform while selectively silencing dissenting voices.
Represented by attorney Scott R. Kaspar from Kaspar Law Company, DeVore is determined to hold McCombie accountable for what he views as unconstitutional actions restricting free speech in a public forum. The case is being overseen by judges at the United States District Court for the Northern District of Illinois under Case No. 1:25-cv-00323.