DeVore Files Federal Lawsuit Against McCombie for Violating Free Speech, Suggests Donating Monetary Damages to Support Grassroots

By Illinois Review

On Monday morning, former Republican nominee for Illinois Attorney General Thomas DeVore filed a lawsuit against Illinois House Republican Minority Leader Tony McCombie in federal court in Chicago, for violating his First Amendment rights after he made “critical comments” of the GOP leader’s vote to support expanding transgender patient rights.

The suit, which is now with the District Court for the Northern District of Illinois, states, “In an effort to suppress dissent in this forum, McCombie hides or deletes certain comments that criticize her or her policies, thereby making those comments invisible to the other constituents who are engaging in discussion on her Facebook Page and preventing certain citizens from engaging in debate with other members of the community.”

The federal lawsuit continues, “In at least one instance, Minority Leader McCombie has permanently banned Plaintiff [DeVore] from being able to engage in this forum at all after he has posted comments critical of the McCombie’s political activities, thereby completely prohibiting Plaintiff from being able to petition the Republican House Minority Leader on this public forum.”

In an exclusive with Politico, DeVore said, “I’ve criticized her decisions as an elected official: Things that she’s doing, things that she’s voting on, people she takes money from. They’re perfectly politically appropriate issues to be debating, and she doesn’t want people to see, so she blocks me from being able to access her platform.”

In a conversation on Tuesday with Illinois Review, DeVore insisted that this suit was not about money, but principle and protecting First Amendment rights. He also suggested donating any monetary reward to support the grassroots.

McCombie is under fire from Republicans and even her own constituents for joining with Democrats and supporting a bill in 2023 that expanded patient rights for transgender and non-binary individuals.

But the controversy continues – leading up too, and after voting in favor of the bill, McCombie received an influx of campaign donations from a progressive hospital association that’s been advocating for improved care for transgender and non-binary patients. DeVore, who has amassed a large social media following, was commenting on his own Facebook page about McCombie’s vote when he discovered that he no longer could link her public figure page because he had been blocked.

Donation records with the state board of election indicate that McCombie accepted $47,500 in campaign donations from the Illinois Health and Hospital Association, which advocates, among other things – improving patient care for transgender and non-binary individuals.

The United States Supreme Court has ruled that official Facebook pages of public office holders are protected by the First Amendment – and unless the comments are obscene, or present a danger – they cannot be censored, deleted or blocked.

In Chicago, 25th Ward Alderman Jim Gardiner agreed to pay $157,500 in damages to settle a lawsuit filed by individuals whom he had blocked for being critical on his Facebook page. The move was a violation of First Amendment rights and he quickly agreed to settle the case.

Last Wednesday, McCombie was sworn in for another term as the representative of the 89th District for the 104th General Assembly, where she continues her role as Minority Leader of the House Republican Caucus.