LAWSUIT: Illinois law blocks Democratic dissenters from operating without party elites’ permission

CHICAGO, Jan. 27, 2026 — Like most Americans, you’ve probably criticized the Democrats or the Republicans at some point. But imagine that the next day, state officials told you to go down to party headquarters and request a permission slip to continue speaking out.

What seems like an absurd hypothetical is the reality in Illinois, where nonprofits are barred from operating in the state if they mention either “democrats” or “republicans” in their title unless they go to the parties for permission. Now, with the help of the Foundation for Individual Rights and Expression, one group of dissident Democrats is suing to strike down Illinois’ unconstitutional law — permanently.

“Illinois can’t get around the First Amendment by outsourcing censorship to party bosses,” said FIRE attorney Daniel Zahn. “No American — Republican, Democrat, or independent — should have to bend the knee before a political party to participate in the political system.”

Democrats for an Informed Approach to Gender is a charitable organization composed of current and former Democrats who disagree with the party’s stance on transgender issues. The all-volunteer organization believes it offers a unique perspective by voicing their belief that the current Democratic Party consensus is contrary to “core liberal values,” such as “promoting evidence-based medical care,” “protecting vulnerable children and adults,” and “upholding the rights of women and girls.”

“The Illinois Democratic Party doesn’t get to decide whether we can call ourselves ‘Democrats,'” said DIAG Board Secretary Jenny Poyer Ackerman. “DIAG was founded on our belief in open inquiry, challenging ideological conformity, and above all, the freedom to speak out. Backing down would go against everything we believe in.”

DIAG has successfully registered as a nonprofit at a national level and has been able to solicit donations in 37 states, but was rejected when it attempted to register to solicit donations in the Prairie State for being in violation of a provision of Illinois law. “To get qualified in Illinois, you will need [an] approval letter . . . saying it is ok to use ‘Democrats’ in your name,” explained Secretary of State Alexi Giannoulias’ rejection letter.

Without that letter, DIAG is banned from conducting affairs in the state and could face fines or jail time if it engages in constitutionally protected speech like soliciting donations, sponsoring lectures, or meeting with supporters in Illinois. Based on previous disagreements with the Democratic establishment — the Colorado Democrats denounced DIAG last year and demanded a name change — DIAG has every reason to believe that the Democratic Party of Illinois will deny it approval. But more to the point, its leaders refuse on principle to seek a permission slip from a party whose platform it has criticized and plans to criticize in Illinois. 

Illinois’ law violates the First Amendment by restricting Americans’ speech only when they broach a specific topic: political parties. The law even lists specific words that are banned absent permission. Using a name with “republican” or “democrat” or “democratic” automatically requires outside party approval, while “green” or “libertarian” might not.

As a result, the Democratic Party has a veto over groups like DIAG, and Republicans get a veto over groups like Log Cabin Republicans. But absurdly, it also means the Democratic Party has a veto over organizations like the Democratic Socialists of America, or even Federation for a Democratic China, simply because those organizations choose to use the word “democratic” when describing their beliefs.

The Supreme Court has previously held these sorts of “content-based” speech restrictions are only constitutional when they’re the least restrictive way to achieve a compelling government interest. But Illinois doesn’t have any compelling interest here. Its provision only serves the interests of the entrenched political parties.

Now, FIRE is suing Giannoulias in the U.S. District Court for the Northern District of Illinois not only to obtain an injunction stopping him from applying the name provision to deny DIAG’s application but also to halt enforcement of the law across the board.

“The Democratic and Republican parties don’t have a monopoly on the concepts of what is democratic or republican,” said Zahn. “When the government tries to give them that monopoly, it’s absurd and unconstitutional.”

The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them. 

CONTACT:

Alex Griswold, Communications Campaign Manager, FIRE: 215-717-3473; media@fire.org