People v. Alexander

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