Does the Illinois Open Meetings Act violate the First Amendment?
By Peter Friedman & Stewart Weiss
Local Government Law,
December 2009
A federal appellate court has recently held that the enforcement of one of the cornerstone provisions of the Illinois Open Meetings Act (“Illinois OMA”)—that a majority of the quorum is the trigger for a meeting under the Act—is subject to a legal standard that may make it very difficult for this and similar provisions in other states to withstand constitutional scrutiny.
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