A Post-COVID Crisis: Illinois’ Battle with Children’s Mental Health

By: Morgan Dreher

Edited by: Simon Carr and Jonathan Perkins

The onset of the COVID-19 pandemic posed a major threat to global health, and the lingering effects are manifesting in a particular domain: mental health. These struggles broadly increased with the start of the pandemic, as the American Psychological Association found that anxiety and depression rates were four times higher in US adults from shutdown months compared to pre-Covid times. [1] While mental health is a pervasive concern, a specific area of legislative focus for Illinois government officials is youth mental health. A press-release from Gov. J.B. Pritzker’s office stated that more than one-third of high school students reported poor mental health during the pandemic, [2] and the National Alliance on Mental Illness found that 145,000 Illinoisians ages 12-17 had depression in 2021. [3] In addition, John O’Connor of AP news reported that 44% of children had depressive episodes lasting at least two weeks, and almost half had thought about suicide. [4] Along with the increase of mental health struggles, demands for care have also risen, where Sarah Karp and Kristen Schorchz of Chicago Sun Times reported that mental health related emergency room visits by kids spiked to about 12,000 in 2021, an increase of 3,000 children compared to 2020. [5] Through the aftermath of the pandemic, Illinois’ infrastructure for mental health resources and support has proved insufficient, illuminating the necessity for legislation in this domain. [6]  

The Illinois mental health crisis is largely due to disparate access to mental health care. John O’Connor reported that in Illinois, “80,000 children under age 18 [live] in areas of the state lacking necessary outlets.” [7] Illinois attempted to remedy this concern previously in the Children’s Mental Health Act of 2003 under the Screening, Assessment, and Support Services (SASS) initiative. [8] SASS was intended to provide more equitable access to mental health care services by developing a crisis response program for low-income families. [9] However, due to shortages of mental health professionals and hospital beds accepting children, SASS failed to fulfill its objectives, particularly in the wake of the crisis following COVID-19. In response, Pritzker and the Illinois legislature have looked in recent years towards new legislation to tackle this concern from different angles. 

 The first significant legislation passed to mitigate the mental health aftermath of COVID-19 was Senate Bill 3617, which Pritzker signed into law on June 10, 2022. [10] Senator Laura Fine championed this omnibus bill and said she intended to help break down barriers to mental and behavioral healthcare. [11] This bill seeks to increase the number of care providers by allowing those who have been out of practice for less than five years to reactivate their license. [12] Furthermore, it expands behavioral health training and allows advanced practice registered nurses to treat patients for behavioral health. [13] Senate Bill 3617 intends to remove barriers for mental health professionals who hope to continue practicing after a break, thus improving access by expanding the workforce. This bill is significant in lessening access disparities because families who are unable to pay high prices for privatized care are often the same families who encounter the ramifications of the shortage. Lastly, it creates the Recovery and Mental Health Tax Credit, incentivizing employers to hire people in recovery, either from mental illness or substance use. [14] Ultimately, as Pritzker said, “‘we need a mental healthcare workforce that is robust enough to get people help when they need it’” – and this bill targets that exact need. [15]  

One recent program that directly caters to youth is the Pathways to Success Program, which gives people under age 21 with Medicaid access to intensive mental health services. [16] These services are divided into two different tiers, depending on the level of coordination of care needed, but the program ultimately provides home and community-based services to coordinate holistic support systems for children. [17] While this December 2022 program provides useful resources to children in need of intensive care that qualify for Medicaid, a substantial portion of children not meeting Medicaid eligibility or case severity requirements are left underserved by mental health legislation. [18] 

On August 8, 2023, Pritzker announced $10 million in grants specifically for student mental health services, attempting to better identify and provide care to school-age children and ultimately reduce disparities. [19] While Priztker’s FY 2024 budget proposal contained $22.8 million dedicated to planning implementation strategies for improving children’s mental health, his work in this domain was not finished. [20]  

Only three days later, the Illinois Senate and House of Representatives unanimously passed House Bill 2847, championed by Representative Lindsey LaPointe and Senator Laura Fine. [21] [22] Also known as the Mental Health and Wellness Act, HB 2847 requires that medically necessary mental health visits be covered by insurance for children and adults, as well as free-of-charge annual mental health prevention and wellness visits. [23] It also directs the Illinois Department of Human Services to launch a public education campaign to increase general knowledge about the importance of mental health. [24] While access restricts people from seeking mental health treatment, LaPointe said stigma can often keep people away, too. [25] Thus, the Mental Health and Wellness Act both requires insurance plans to provide mental health care with no additional cost and seeks to educate and destigmatize the Illinois population on mental health through means designated by IDHS.  

Because House Bill 2847 requires free mental health visits to become available beginning in 2025, the outcomes of this legislation cannot yet be analyzed. For Pritzker’s vision to pan out, his efforts in schools combined with the Mental Health and Wellness Act will be a turning point in the number of children able to access the treatment they need. [26] Although House Republicans have supported the intended outcomes of this plan, some have expressed concerns regarding its implementation. For example, Representative Will Hauter believes that the influx of people seeking care may overwhelm the mental health care system, which was already in such dire straits to necessitate the passing of SB 3617 in 2022. [27] Indeed, Illinois suffers from a continued shortage of behavioral health workers, particularly impacting those living in rural areas. [28] Another concern is that just because coverage is available does not mean that everyone will know where to find it [29]; Dana Weiner, Illinois' chief officer for children's behavioral health transformation, is currently analyzing the feasibility of potentially implementing universal mental health screenings in schools to address a similar concern. [30] Stakeholders are aligned with Pritzker’s efforts overall but question the efficacy of his means. Meanwhile, Pritzker said he’s fighting this battle for the long haul, intending to develop “‘the best behavioral health system in the nation.”’ [31]  

It is too soon to get an appropriate grasp on the trends in mental health after the creation of these programs, but one thing is for certain: Pritzker and the Illinois legislature do not plan to stop here. In addition to distributing federal funding to “support post-pandemic child and adolescent health,” possible plans involve developing portals for parents to help them identify available care services. [32][33] Furthermore, other proposals include mentions of advancing mental health training and outreach in schools, further promoting the accessibility of behavioral health care for youth, and targeting disparities. [34] While only time will tell what legislation will come next, the commitment of Illinois government officials to this cause certainly inspires hope. The nation’s current trajectory must not persist, and Illinois intends to be a trailblazer in prioritizing the mental health of its younger generation.

Notes

1. William Johnson, “Chicago-area workers still facing COVID's mental health effects,” Crain’s Chicago Business, March 31, 2022. https://www.chicagobusiness.com/crains-forum-workplace-mental-health/chicagos-covid-related-mental-health-crisis-persists 

2. Office of Governor JB Pritzker, “Pritzker Administration Announces $10M in Grants to Strengthen Mental Health Services in Schools,” Press Release, Illinois.gov, August 8, 2023. https://gov.illinois.gov/news/press-release.26850.html 

3. “Mental Health in Illinois,” NAMI, 2021. https://www.nami.org/NAMI/media/NAMI-Media/StateFactSheets/IllinoisStateFactSheet.pdf.

4. John O’Connor, “Illinois governor plan targets kids’ mental health crisis,” AP News, February 24, 2023. https://apnews.com/article/illinois-children-health-mental-6f99f436c148afbbdc3480202cc6be56 

5. Sarah Karp and Kristen Schorsch, “Illinois lifeline program for suicidal kids struggles amid a youth mental health crisis, staffing shortages,” Chicago Suntimes, March 11, 2023. https://chicago.suntimes.com/2023/3/11/23629334/suicide-youth-mental-health-crisis-sass-illinois-state-program 

6. Karp and Schorsch, “Illinois lifeline program for suicidal kids struggles amid a youth mental health crisis, staffing shortages” 

7. O’Connor, “Illinois governor plan targets kids’ mental health crisis”   https://apnews.com/article/illinois-children-health-mental-6f99f436c148afbbdc3480202cc6be56                                                              

8. Illinois Department of Healthcare and Family Services, “Screening, Assessment and Support Services,” Illinois.gov, n.d. https://hfs.illinois.gov/medicalproviders/behavioral/sass/sasshome.html#:~:text=This%20initiative%20rolled%20out%20on,law%20on%20August%208%2C%202003 

9. Karp and Schorsch, “Illinois lifeline program for suicidal kids struggles amid a youth mental health crisis, staffing shortages” 

10. “Governor Pritzker Signs Legislation Increasing Mental Health Workforce in Illinois,” Press Release, Illinois.gov, June 10, 2022. https://www.illinois.gov/news/press-release.25035.html 

11. “State to see increase in mental and behavioral health workforce thanks to Senator Fine law,” Illinois Senate Democrats, June 10, 2022. https://www.illinoissenatedemocrats.com/caucus-news/28-senator-laura-fine-news/4144-state-to-see-increase-in-mental-and-behavioral-health-workforce-thanks-to-senator-fine-law 

12. “Governor Pritzker Signs Legislation Increasing Mental Health Workforce in Illinois.” 

13. “Governor Pritzker signs legislation increasing mental health workforce in Illinois,” WAND, June 10, 2022. https://www.wandtv.com/news/governor-pritzker-signs-legislation-increasing-mental-health-workforce-in-illinois/article_ed91d434-e8e6-11ec-afd1-c3affe8cb002.html 

14. “Governor Pritzker Signs Legislation Increasing Mental Health Workforce in Illinois.” 

15. “Governor Pritzker Signs Legislation Increasing Mental Health Workforce in Illinois.” 

16. Theresa Eagleson, “Pathways to Success,” Illinois.gov. https://hfs.illinois.gov/medicalproviders/behavioral/pathways/families.html 

17. Eagleson, “Pathways to Success” 

18. Karp and Schorsch, “Illinois lifeline program for suicidal kids struggles amid a youth mental health crisis, staffing shortages” 

19. Office of Governor JB Pritzker, “Pritzker Administration Announces $10M in Grants to Strengthen Mental Health Services in Schools,” Press Release, Illinois.gov, August 8, 2023. https://gov.illinois.gov/news/press-release.26850.html 

20. O’Connor, “Illinois governor plan targets kids’ mental health crisis”

21. Mike Miletich, “Illinois law requires insurance coverage for annual mental health assessments,” WAND, August 14, 2023. https://www.wandtv.com/community/illinois-law-requires-insurance-coverage-for-annual-mental-health-assessments/article_88c5cbe2-3add-11ee-b944-9f8d5407bb07.html 

22.  Emily Moen, “Governor Pritzker Signs Legislation Requiring Insurance Coverage of Mental Health Prevention Visits,” Thresholds, August 17, 2023. https://www.thresholds.org/governor-pritzker-signs-legislation-requiring-insurance-coverage-of-mental-health-prevention-visits 

23. “Bill Status of HB2847,” Illinois General Assembly, August 11, 2023. https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2847&GAID=17&DocTypeID=HB&SessionID=112&GA=103 

24.  Miletich, “Illinois law requires insurance coverage for annual mental health assessments” 

25. Miletich, “Illinois law requires insurance coverage for annual mental health assessments” 

26. “Pritzker Administration Announces $10M in Grants to Strengthen Mental Health Services in Schools” 

27.  Miletich, “Illinois law requires insurance coverage for annual mental health assessments” 

28. Ben Singson, “Mental Health Service Shortage Hitting Rural Illinois Harder: NAMI IL Featured,” NAMI Illinois, 2023. https://namiillinois.org/mental-health-service-shortage-hitting-rural-illinois-harder-nami-il-featured/.

29. “Understanding New Rules That Widen Mental Health Coverage,” NAMI Illinois, n.d. https://namiillinois.org/understanding-new-rules-that-widen-mental-health-coverage/.                     

30.  Katherine Davis, “Child mental health a priority for Illinois leaders,” Crain's Chicago Business, October 23, 2023. https://www.chicagobusiness.com/crains-forum-child-mental-health/child-mental-health-priority-illinois-leaders.

31. “Gov. Pritzker Announces New Behavioral Health Workforce Education Center,” Press Release, Illinois.gov, March 8, 2023. https://www.illinois.gov/news/press-release.26148.html 

32. Illinois Department of Public Health, “Gov. Pritzker, IDPH Announce $9.5M to Strengthen Mental Health Services for Youth Across Illinois,” Illinois.gov, October 24, 2023. https://dph.illinois.gov/resource-center/news/2023/october/gov--pritzker--idph-announce--9-5m-to-strengthen-mental-health-s.html 

33. Karp and Schorsch, “Illinois lifeline program for suicidal kids struggles amid a youth mental health crisis, staffing shortages” 

34. Illinois Department of Public Health, “Gov. Pritzker, IDPH Announce $9.5M to Strengthen Mental Health Services for Youth Across Illinois” 

Bibliography

“Bill Status of HB2847.” Illinois General Assembly, August 11, 2023. https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2847&GAID=17&DocTypeID=HB&SessionID=112&GA=103. 

Davis, Katherine. 2023. “Child mental health a priority for Illinois leaders.” Crain's Chicago Business. https://www.chicagobusiness.com/crains-forum-child-mental-health/child-mental-health-priority-illinois-leaders. 

“Gov. Pritzker Announces New Behavioral Health Workforce Education Center.” Illinois.gov, March 8, 2023. https://www.illinois.gov/news/press-release.26148.html. 

“Governor Pritzker Signs Legislation Increasing Mental Health Workforce in Illinois.” Illinois.gov, June 10, 2022. https://www.illinois.gov/news/press-release.25035.html. 

“Governor Pritzker Signs Legislation Increasing Mental Health Workforce in Illinois.” WAND, June 10, 2022. https://www.wandtv.com/news/governor-pritzker-signs-legislation-increasing-mental-health-workforce-in-illinois/article_ed91d434-e8e6-11ec-afd1-c3affe8cb002.html. 

Illinois Department of Healthcare and Family Services. “Pathways to Success.” Illinois.gov. Accessed November 15, 2023. https://hfs.illinois.gov/medicalproviders/behavioral/pathways/families.html. 

Illinois Department of Healthcare and Family Services. “Screening, Assessment and Support Services.” Illinois.gov. Accessed November 15, 2023. https://hfs.illinois.gov/medicalproviders/behavioral/sass/sasshome.html#:~:text=This%20initiative%20rolled%20out%20on,law%20on%20August%208%2C%202003. 

Illinois Department of Public Health. “Gov. Pritzker, Idph Announce $9.5m to Strengthen Mental Health Services for Youth across Illinois.” Illinois.gov, October 24, 2023. https://dph.illinois.gov/resource-center/news/2023/october/gov--pritzker--idph-announce--9-5m-to-strengthen-mental-health-s.html. 

Johnson, William. “Chicago-Area Workers Still Facing COVID’s Mental Health Effects.” Crain’s Chicago Business, March 31, 2022. https://www.chicagobusiness.com/crains-forum-workplace-mental-health/chicagos-covid-related-mental-health-crisis-persists. 

Karp, Sarah, and Kristen Schorsch. “Illinois Lifeline Program for Suicidal Kids Struggles amid a Youth Mental Health Crisis, Staffing Shortages.” Chicago Suntimes, March 11, 2023. https://chicago.suntimes.com/2023/3/11/23629334/suicide-youth-mental-health-crisis-sass-illinois-state-program. 

“Mental Health in Illinois.” 2021. NAMI. https://www.nami.org/NAMI/media/NAMI-Media/StateFactSheets/IllinoisStateFactSheet.pdf.Miletich, Mike. “Illinois Law Requires Insurance Coverage for Annual Mental Health Assessments.” WAND, August 14, 2023. https://www.wandtv.com/community/illinois-law-requires-insurance-coverage-for-annual-mental-health-assessments/article_88c5cbe2-3add-11ee-b944-9f8d5407bb07.html. 

Moen, Emily. “Governor Pritzker Signs Legislation Requiring Insurance Coverage of Mental Health Prevention Visits.” Thresholds, August 17, 2023. https://www.thresholds.org/governor-pritzker-signs-legislation-requiring-insurance-coverage-of-mental-health-prevention-visits. 

Office of Governor JB Pritzker. “Pritzker Administration Announces $10M in Grants to Strengthen Mental Health Services in Schools.” Illinois.gov, August 8, 2023. https://gov.illinois.gov/news/press-release.26850.html. 

O’Connor, John. “Illinois Governor Plan Targets Kids’ Mental Health Crisis.” AP News, February 24, 2023. https://apnews.com/article/illinois-children-health-mental-6f99f436c148afbbdc3480202cc6be56. 

Singson, Ben. 2023. “Mental Health Service Shortage Hitting Rural Illinois Harder: NAMI IL Featured.” NAMI Illinois. https://namiillinois.org/mental-health-service-shortage-hitting-rural-illinois-harder-nami-il-featured/.

“State to See Increase in Mental and Behavioral Health Workforce Thanks to Senator Fine Law.” Illinois Senate Democrats, June 10, 2022. https://www.illinoissenatedemocrats.com/caucus-news/28-senator-laura-fine-news/4144-state-to-see-increase-in-mental-and-behavioral-health-workforce-thanks-to-senator-fine-law.  

“Understanding New Rules That Widen Mental Health Coverage.” n.d. NAMI Illinois. Accessed November 28, 2023. https://namiillinois.org/understanding-new-rules-that-widen-mental-health-coverage/.

An Educational Warzone: The Battle Over Education Censorship in Post-2020 America

By: Alexandra Henriquez

Edited by: Regan Cornelius and Anna Dellit

In 2020, the United States faced two transformative epidemics. The first is the infamous global health emergency, the Covid-19 pandemic. The second is a less novel epidemic: systemic racism. The killing of George Floyd, a black man, by a white Minneapolis police officer in May of 2020 brought renewed attention to the presence of the institutional racism that underlies police brutality. As the Black Lives Matter movement demonstrations took place across the country, so did discussions about the historical and systemic legacy of racism in the United States, not only in policing but also in other various institutions, including education. 

In response to the heightened awareness of systemic racism, calls for more inclusive and accurate representations of history, particularly concerning the experiences of marginalized groups, gained traction in schools. Thus, educational content was expanded around the country to encompass concepts such as Critical Race Theory (CRT), the idea that racism is a systemic and institutional problem. The College Board even introduced a new Advanced Placement exam in African-American History.

However, these efforts toward reforming the education system were soon met with resistance. In the years following 2020, 10 states passed classroom censorship bills restricting discussions about race and gender in educational settings. According to PEN America, a nonprofit organization focused on raising awareness of free expression violations in the United States, 122 educational “gag order” bills have been introduced or prefilled in 33 different states. [1] Even in states not pursuing formal legislation, school boards and parent groups have challenged curriculum by advocating for book bans and censorship of material related to social justice causes. As of November 2023, UCLA Law School’s CRT Forward Tracking Project has identified a total of 777 anti-critical race theory efforts (statements, policies, or legislation) introduced at the school board or government levels. [2] 

While these censorship policies are a direct response to the rise in the diverse curriculum, they are also an extension of former President Trump's "Executive Order on Combating Race and Sex Stereotyping." The order, which was declared in September of 2020, barred "divisive concepts" in "the Federal workforce or in the Uniform Services." The stated purpose of Trump’s order was to stop anti-American sentiment. [3] Although President Biden has revoked and replaced this order with a new executive order titled “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” the state-level education censorship policies modeled after Trump’s executive order still stand and continue to rise.

Over the past few years, Florida has actively led the censorship of education. In 2022, Florida Governor Ron DeSantis signed legislation which was later coined the “Stop WOKE” Act, which restricted CRT conversations in schools and businesses. Among many provisions, the law specifically bars instruction that implies that “a person’s moral character or status as privileged or oppressed is determined by race, color, national origin or sex.” [4] DeSantis, like President Trump, explains the law was created so no individual would “feel as if they are not equal or shamed because of their race.” [5] In January of 2023, the Florida Department of Education issued a letter to the College Board explaining its decision to ban the pilot AP African American Studies Course from high schools, claiming the course was historically inaccurate and stands in violation of state legislation. [6] In a press release, Florida Senator Powell of District 24 said that the ban fundamentally violated Florida’s longstanding nondiscrimination law that “requires public school students to be taught the history of African Americans.” [7] Florida’s current controversy is emblematic of the waves crashing around the entire country. Schools all over the nation have faced the shaking consequences of the censorship laws, canceling classes principally or even minimally related to civil rights, race, and even sexuality and feminism.

The constitutionality of this new legislative movement has recently begun to be challenged. The ACLU and other advocacy groups argue, in a potentially monumental lawsuit, that Oklahoma H.B. 1775 violates free speech and inhibits students’ freedom. The lawsuit contends that the law “restricts discussions on race and gender in Oklahoma’s elementary, secondary, and higher education schools without any legitimate pedagogical justification, using language that is simultaneously sweeping and unclear.” [8] This lawsuit is preceded by other Supreme Court of the United States (SCOTUS) decisions on free speech in schools. Burnside v. Byars (1966) held that students’ freedom of speech rights extended to the wearing of “freedom buttons” protesting racial discrimination since the action did not "materially and substantially interfere" with the operation of the school. [9] This precedent was then reaffirmed by Tinker v. Des Moines (1969) when the court held that students’ freedom of speech also included the symbolic speech of wearing their armbands to protest the Vietnam War. Consequently, in the context of limiting conversations on diversity and race, government lawyers will need to prove that these discussions significantly disrupt school operations. To build upon this scrutiny, in the case of The School Board, Island Trees Union Free School District No. 26 v. Pico (1982), the SCOTUS decided in a 5-to-4 decision that while school boards have a legitimate interest in fostering order and community values, their discretionary authority is subordinate to the integral American principles of freedom. The barely scraping-by majority held that since libraries were destinations for “voluntary inquiry,” school libraries enjoy an inalienable, innate connection to freedom of speech and press. Therefore, the board could not practice viewpoint discrimination via book bans. But are schools subject to the same scrutiny as libraries? The Pico decision notes that there is an inherent difference between the “compulsory environment of the classroom” and the voluntary nature of libraries. [10] However, given the intersection of race and education, it is likely that such scrutiny for censorship in schools will nonetheless be stringent and undergo strict legal examination. The Brown v. Board of Education (1954) majority opinion highlights a significant difference between applying the “separate but equal” doctrine to transportation and it being applied to schools, considering the unique role education plays in American society. [11] More closely related to teaching material, the majority opinion in Meyer v. Nebraska (1923) found that a state law prohibiting teaching grade school children any language other than English was unconstitutional under the Due Process Clause of the Fourteenth Amendment. [12] Thus, in addition to First Amendment violation arguments, we might also see Fourteenth Amendment due process arguments arise. The Meyer decision recognized the value of linguistic and cultural diversity. Similarly, proponents of open discussions on CRT might argue that exposing students to diverse perspectives, including those related to race and history, is crucial for fostering a well-rounded education.

Currently, Escambia County School District is facing a lawsuit by the PEN American Center, Penguin Random House, authors, parents, and students because of the school board's removal of books, particularly those “by non-white and/or LGBTQ authors, or which address topics related to race or LGBTQ identity.” [13] While the ACLU lawsuit answers a new constitutional interpretation question, the PEN American Center suit will challenge the decision from Pico. Will courts uphold the precedent from Pico or overturn it? Will these issues rise to the Supreme Court? For better or for worse, we will have to wait and see.

Notes

1. Jeffrey Sachs, “Steep Rise in Gag Orders, Many Sloppily Drafted,” PEN America,
   January 24, 2022, https://pen.org/steep-rise-gag-orders-many-sloppily-drafted/.

2. CRT Forward Tracking Project, accessed November 13, 2023,
   https://crtforward.law.ucla.edu/map/.

3. Donald J. Trump, “Executive Order 13950, Combating Race and Sex Stereotyping.”
   September 22, 2020 https://trumpwhitehouse.archives.gov/presidential-actions/executive- order-combating-race-sex-stereotyping/

4.  “Stop the Wrongs to Our Kids and Employees Act” H.R. 7, 124th Leg. Reg. Sess. (Fla. 2022). https://www.flsenate.gov/Session/Bill/2022/7/ByVersion

5. “Governor Ron DeSantis Signs Legislation to Protect Floridians from Discrimination and Woke Indoctrination”, April 22, 2022, https://www.flgov.com/2022/04/22/governor-ron- desantis-signs-legislation-to-protect-floridians-from-discrimination-and-woke- indoctrination/.

6. Eesha Pendharkar, “Florida’s Ban on AP African American Studies, Explained,” Education Week, January 24, 2023, https://www.edweek.org/teaching-learning/floridas- ban-on-ap-african-american-studies-explained/2023/01. 

7. “Senator Bobby Powell: Governor’s Discriminatory Move Tramples Florida Law.” Press Release - The Florida Senate, January 21, 2023. https://flsenate.gov/Media/PressRelease/Show/4387#.

8. Bert v. O'Connor, Case No. 5:21-cv-1022-G, (W.D. Okla. November 9, 2021). https://www.aclu.org/legal-document/amended-complaint-6. 

9. Burnside v. Byars, 363 F. 2d 744 (5th Cir. 1966)

10. Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982), 869.

11. Brown v. Board of Education, 347 U.S. 483 (1954).

12. Meyer v. Nebraska, 262 U.S. 390 (1923).

13. PEN America v. Escambia County School District, Case No. 3:23-cv-10385, (N.D. Fla. Pensacola Div. May 17, 2023), https://pen.org/wp-content/uploads/2023/05/1- Complaint.pdf. 

Bibliography

Bert v. O'Connor, Case No. 5:21-cv-1022-G, (W.D. Okla. November 9, 2021). https://www.aclu.org/legal-document/amended-complaint-6

Brown v. Board of Education, 347 U.S. 483 (1954).

CRT Forward Tracking Project, accessed November 13, 2023, https://crtforward.law.ucla.edu/map/.

“Governor Ron DeSantis Signs Legislation to Protect Floridians from Discrimination and Woke Indoctrination”, April 22, 2022, https://www.flgov.com/2022/04/22/governor-ron- desantis-signs-legislation-to-protect-floridians-from-discrimination-and-woke- indoctrination/.

Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982), 869.

Meyer v. Nebraska, 262 U.S. 390 (1923)

PEN America v. Escambia County School District, Case No. 3:23-cv-10385, (N.D. Fla. Pensacola Div. May 17, 2023) https://pen.org/wp-content/uploads/2023/05/1- Complaint.pdf

Pendharkar, Eesha. “Florida’s Ban on AP African American Studies, Explained.” Education Week, January 24, 2023. https://www.edweek.org/teaching-learning/floridas-ban-on-ap- african-american-studies-explained/2023/01.

Sachs, Jeffrey. “Steep Rise in Gag Orders, Many Sloppily Drafted.” PEN America, January 24, 2022. https://pen.org/steep-rise-gag-orders-many-sloppily-drafted/.

“Senator Bobby Powell: Governor’s Discriminatory Move Tramples Florida Law.” Press Release - The Florida Senate, January 21, 2023. https://flsenate.gov/Media/PressRelease/Show/4387#.

“Stop the Wrongs to Our Kids and Employees Act” H.R. 7, 124th Leg. Reg. Sess. (Fla. 2022). https://www.flsenate.gov/Session/Bill/2022/7/ByVersion

Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969).

Trump, Donald J. “Executive Order 13950, Combating Race and Sex Stereotyping.” September 22, 2020 https://trumpwhitehouse.archives.gov/presidential-actions/executive-order- combating-race-sex-stereotyping/. 

Goodbye Strangers: The Collapse of Omegle from Legal Troubles

By: Sarah Wejman

Edited by: isabel niemer and Ananya Chag

When 18-year-old Leif K-Brooks founded Omegle in March of 2009, he hoped for it to serve as a medium between people of all backgrounds from around the world. Being from a small town, he explained that he always loved using online forums to expand the knowledge of both himself and others through his love for the Internet. Just recently on Nov. 8, 2023, K-Brooks announced that Omegle would no longer exist. While the premise of Omegle, an online chat site that randomly matches a user with a stranger, was beloved by many, it was abused to the point that K-Brooks had to shut down the site completely.

Like many other social media and live streaming sites, Omegle provided “an online hunting ground” for sexual predators to find targets, and the pandemic increased the number of heinous acts committed.[1] In fact, in the last two years alone, Omegle has been mentioned in over 50 cases against pedophiles.[2] One landmark case has received particularly high coverage and involves the horrific story of a woman who was sexually abused online through Omegle for three years. Under the name Alice, or A.M, she anonymously shared her story of being forced to send explicit images and videos of herself from ages 11 to 15 to a Canadian man named Ryan Scott Fordyce.[3] Fordyce threatened to release pictures of her if she told others about any of this. In an interview, Alice explained that she was also “sent back, in a sense, to recruit more [underage girls] as if it was a cult.”[4]

In the lawsuit, A.M v. Omegle.com, 3:21-cv-01674-MO (2022), Alice claims that the nature of Omegle is dangerous and proper safeguards were not implemented. For example, Alice argues that Omegle should not have allowed children and adult men to be connected in the first place.[5] In total, Alice brought eight claims against Omegle including “product liability arising out of defects in design,” negligence from lack of warning about the platform’s dangers, and facilitating sex and human trafficking. Omegle attempted to claim Section 230 immunity for some of the claims, which essentially provides immunity for online platforms against claims regarding comments and messages contributed by their users.”[6] Section 230 protects platforms from being legally punished when users exercise their First Amendment rights to speech. However, platforms are not exempt if the content “violates federal criminal law, intellectual property rights, or a few other categories of legal obligations.”[7] Omegle argues that the plaintiff is shifting the blame from Fordyce to them, thus they are still justly entitled to Section 230 immunity. However, Judge Mosman of the U.S. District Court for the District of Oregon determined that Omegle did not receive such protections. He reasoned although the fact the chats and videos were exchanged as third-party content, that was not the issue at hand. Rather, the real issue was Omegle’s lack of warning signs about potentially dangerous interactions. The Court determined this entailed a product liability case because of the nature of Omegle’s unregulated chats: children and sexual predators shouldn’t be matched in the first place, but the product allows for this.

In his Omegle farewell statement, K-Brooks expresses that he has “done [his] best to weather the attacks, with the interests of Omegle’s users...in mind.”[8] In his concluding paragraph, he states that “[t]he battle for Omegle has been lost, but the war against the Internet rages on.”[9] He fears that many online platforms will soon fall due to the inability to prevent predators and malicious Internet-goers from plaguing their sites. In this disheartening reality, K-Brooks thinks our Internet interactions will be more like a “souped-up version of TV,” meaning there is little room for live human interactions to occur.[10] A.M v Omegle.com is one of many past and future cases of its kind, and K-Brooks’ evaluation is likely correct at least in part. This issue presents a challenging ethical and legal dilemma: how do we preserve First Amendment rights –a founding liberty of the U.S. that receives ample legal protection and value– for law-abiding citizens, while still protecting vulnerable individuals from the abundant and appalling dangers of the Internet? Although a solution is not clear, a good starting place may be to continue speaking with victims. Having a majority who has never been abused over the Internet and who lack proper exposure to a variety of real-life testimonies on the matter would not be an adequate solution. But allowing those whose lives were affected because safety protocols failed to do their job would certainly be a step in the right direction.

Notes

1. Eric Lagatta, “Anonymous Video Chat Service Omegle Shuts Down, Founder Cites ‘Unspeakably Heinous Crimes,’” USA Today, November 9, 2023, https://www.usatoday.com/story/tech/2023/11/09/omegle-shuts-down-leif-k-brooks-state ment/71514658007/.

2. Annabelle Liang and Joe Tidy, “Omegle Shut Down: Video Chat Website Closed after Abuse Claims,” BBC News, November 9, 2023, https://www.bbc.com/news/business-67364634.

3. Bill Chappell, “Video Chat Site Omegle Shuts down after 14 Years — and an Abuse Victim’s Lawsuit,” NPR, November 9, 2023, https://www.npr.org/2023/11/09/1211807851/omegle-shut-down-leif-k-brooks.

4. Liang and Tidy, “Omegle Shut Down.”

5. A.M v. Omegle.com, 3:21-cv-01674-MO (2022).

6. Communications Decency Act, 47 U.S. Code § 230 (1996)

7. Jennifer Stisa Granick, “Is This the End of the Internet as We Know It?” American Civil Liberties Union, February 22, 2023, https://www.aclu.org/news/free-speech/section-230-is-this-the-end-of-the-internet-as-we-know-it#:~:text=While%20Section%20230%20immunizes%20onlin

8. Leif K-Brooks, “Dear Strangers,” November 8, 2023. https://www.omegle.com/.

9. K-Brooks, “Dear Strangers.”

10. K-Brooks, “Dear Strangers.”

Bibliography

A.M v. Omegle.com, 3:21-cv-01674-MO (2022).

Chappell, Bill. “Video Chat Site Omegle Shuts down after 14 Years — and an Abuse Victim’s Lawsuit.” NPR, November 9, 2023. https://www.npr.org/2023/11/09/1211807851/omegle-shut-down-leif-k-brooks.

Granick, Jennifer Stisa. “Is This the End of the Internet as We Know It?” American Civil Liberties Union, February 22, 2023. https://www.aclu.org/news/free-speech/section-230-is-this-the-end-of-the-internet-as-we- know-it#:~:text=While%20Section%20230%20immunizes%20online.

K-Brooks, Leif. “Dear Strangers.” Omegle, November 8, 2023. https://www.omegle.com/. 

Lagatta, Eric. “Anonymous Video Chat Service Omegle Shuts Down, Founder Cites ‘Unspeakably Heinous Crimes.’” USA Today, November 9, 2023. https://www.usatoday.com/story/tech/2023/11/09/omegle-shuts-down-leif-k-brooks-state ment/71514658007/.

Liang, Annabelle, and Joe Tidy. “Omegle Shut Down: Video Chat Website Closed after Abuse Claims.” BBC News, November 9, 2023, https://www.bbc.com/news/business-67364634.

Florida’s “Anti-Woke” Legislation and How Its Intentions Remain Protected

By: Sari Richmond

Edited by: Sarah Wachs and alexandria nagy

I. Florida House Bill 7 

On April 22, 2022, Florida Governor Ron DeSantis signed House Bill (HB) 7, legislation allegedly designed to “give businesses, employees, children, and families tools to stand up against discrimination and woke indoctrination.”[1] HB 7 (the Individual Freedom Act) was promoted by DeSantisto ensure children would not be raised to be shameful or spiteful by ending the instruction of critical race theory in schools. The law states that officials cannot promote material that could “reflect unfairly” upon a certain group or that endorses the use of “discrimination” to achieve diversity – a direct attack on affirmative action.[2] HB 7, alongside other restrictive legislation like the “Don’t Say Gay” bill, has come under heavy critique from opposers, who note not only a clear violation of free speech ideals that conservatives often defend  but also an attempt to “whitewash” history by avoiding subjects like systemic racism and its role in the U.S.[3] Legal professionals have further noted that the vague language in the HB 7 bill is likely intentional, providing deniability for lawmakers and creating confusion for any day-to-day reader.[4] 

II. Free Speech Versus Government Authority

This issue lies in the intersection of free speech rights and the authority of the government to regulate the workplace and some practices of federally funded schools. In instances of hate speech and verbal harassment, there are established precedences regarding the ability of the government to monitor such. Still, there is a lack of precedence regarding states attempting to enact such limits.[5] Through the Due Process Clause of the 14th Amendment, incorporation indicates that states must follow the same protection of civil liberties outlined in the Bill of Rights, a sentiment upheld by recent Supreme Court decisions like Kennedy v. Bremerton School District. In this case, football coach Joseph Kennedy’s practice of leading prayers for the players of his public high school team was ruled constitutional and protected under his rights as an individual.[6] Through this precedent, we must question whether teachers’ rights to address issues regarding systemic race and sexual orientation would also be considered individual free speech rights.

III. Recent Implications

On October 30, 2023, the 11th U.S. Circuit Court of Appeals held in a 2-1 decision that a group of Floridian college professors and a student could not subpoena documents from legislators that would provide insight into the intentions of HB 7. Prior to this decision, a lower court placed tight regulations on the plaintiffs’ use of subpoenas, saying that the group of professors and a student had little to no rights to issue subpoenas targeting lawmakers. Furthermore, the 11th Circuit Court held that legislators are “entitled to an absolute common law,” which protects them from having to reveal motivation for official actions. This holding has a notable effect on the outcome of discrimination cases following the enactment of HB 7 and similar policies. Intention to discriminate based on race, gender, sexual orientation, or other facet of identity is often key in producing a verdict that favors the plaintiff in legal cases challenging discriminatory laws. Furthermore, plaintiffs in discrimination cases also rely heavily on historical context; however, the Supreme Court held that states must be “cautious” of considering historical context as evidence.[7] The combination of these legal blockades against discrimination suits strengthen the effects of bills like HB 7 and take power from those most impacted.

IV. Conclusion

Overall, the implications of HB 7 extend beyond content restriction in public school classrooms. The “Anti-Woke” legislation was paraded as a way to avoid divisive or upsetting content in the schooling of children but has emerged as a statute for how diversity, equity, and inclusion initiatives and history classes can be taught. As the issue falls on an intersection between free speech and government regulation, critics have already begun to attack HB 7’s status aligned with the Constitution. Resulting from the confusion of the validity of HB 7 and the intentions in its induction are holdings that limit plaintiffs in discrimination suits. Ultimately, HB 7 will continue to be challenged despite current courts protecting its legislators from revealing their motivation in creating restrictive, targeted laws.

Notes

1. “Governor Ron DeSantis Signs Legislation to Protect Floridians from Discrimination and Woke Indoctrination.” 2022. Florida Governor Ron DeSantis. 

2. Katie Reilly. 2022. “Florida's Governor Just Signed the 'Stop Woke Act.' Here's What It Means for Schools.” Time.

3. Reilly, “Florida’s Governor Just Signed the ‘Stop Woke Act.’ Here’s What It Means for Schools.”; Madeleine Carlisle. 2022. “Florida Passed The Don’t Say Gay Bill. Here's What It Means.” Time.

4. Cas Mudde. 2023. “What is behind Ron DeSantis's Stop-Woke Act? | Cas Mudde.” The Guardian. 

5. Kevin D Kelly. n.d. “Florida's “Stop WOKE” Act and Its Potential Impact on DEI Training.” Locke Lord.

6. Kennedy v. Bremerton School District, 597 U.S. 11-32 (2022)

7. Hassan Kanu. 2023. “Lawmakers get broad shield in challenge to Florida's 'anti-woke' law.” Reuters. 

Bibliography

Carlisle, Madeleine. 2022. “Florida Passed The Don’t Say Gay Bill. Here's What It Means.” Time. https://time.com/6155905/florida-dont-say-gay-passed/.

“Governor Ron DeSantis Signs Legislation to Protect Floridians from Discrimination and Woke Indoctrination.” 2022. Florida Governor Ron DeSantis. https://www.flgov.com/2022/04/22/governor-ron-desantis-signs-legislation-to-protect-floridians-from-discrimination-and-woke-indoctrination/.

Kanu, Hassan. 2023. “Lawmakers get broad shield in challenge to Florida's 'anti-woke' law.” Reuters. https://www.reuters.com/legal/government/column-lawmakers-get-broad-shield-challenge-floridas-anti-woke-law-2023-11-02/.

Kelly, Kevin D. n.d. “Florida's “Stop WOKE” Act and Its Potential Impact on DEI Training.” Locke Lord. Accessed November 15, 2023. https://www.lockelord.com/newsandevents/publications/2022/05/floridas-controversial-stop-woke.

Mudde, Cas. 2023. “What is behind Ron DeSantis's Stop-Woke Act? | Cas Mudde.” The Guardian. https://www.theguardian.com/commentisfree/2023/feb/06/what-is-behind-ron-desantis-stop-woke-act.

Reilly, Katie. 2022. “Florida's Governor Just Signed the 'Stop Woke Act.' Here's What It Means for Schools.” Time. https://time.com/6168753/florida-stop-woke-law/.