Daniel v. Peoria

  • Filed: June 11, 2014
  • Status: Settlement
  • Court: United States District Court for the Central District of Illinois
  • Latest Update: Jul 28, 2014
Peoria press conference

We represented Peoria resident Jon Daniel, the subject at the center of what came to be known as “Twittergate” in that community. In March 2014, Mr. Daniel began a Twitter account — @Peoriamayor — that presented a series of satirical tweets using informal language, slang and even expletives. Daniel noted that the “joke of the account was to have my fictional mayor saying things that (Peoria’s) Mayor Jim Ardis would not say.”

The Mayor of Peoria was not amused. He and members of City government, including police officers, worked to close the account, learned his identity and punished his speech with a criminal investigation, culminating in a search of Mr. Daniel’s home, the seizure of his property and placing Mr. Daniel under arrest.

No charges were filed against Mr. Daniel.

The ACLU of Illinois challenged the closure of the account, the exposure of his identity, the investigation and arrest of Mr. Daniel as a violation of his First and Fourth Amendment rights.

In March of 2015, the court denied the defendants’ motion for judgment, opened discovery and set the case for trial on April 25, 2016. However, in September of 2015, a settlement was reached in the case. Read more.

Case Number:
14-CV-1232
Judge:
Michael M. Mihm
Attorney(s):
Harvey Grossman, Karen Sheley, Roshni Shikari

Peoria Journal Star: ACLU plans to file a lawsuit in the Mayor Ardis Twitter parody case

The ACLU of Illinois will provide legal representation for a Peoria man responsible for a Twitter account that parodied the Mayor of Peoria, Jim Ardis. Peoria police raided the home of Jon Daniel on April 15, seizing cell phones, computers and other items they suspected were related to the Twitter account. The ACLU of Illinois believes that parody is protected speech and that Daniel's Fourth Amendment rights were also violated. The Peoria Journal Star spoke with Communications and Public Policy Director Ed Yohnka:

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Peoria Journal Star Op-Ed: City should try to cut its losses on Twittergate

Well, you could see that one comin’.

Peoria press conference

"Twittergate" Media Coverage

A 29-year-old Peoria resident is suing the City, the Mayor and several officials for their overreaction to a Twitter parody of the Mayor. The city officials caused the parody to be turned into a police matter, leading to a raid on Mr. Daniel's home, the seizure of his personal property and his arrest and detention. Jon Daniel, represented by the ACLU of Illinois, is asking a federal court in Peoria to hold the Mayor, the City Manager, the former police chief and other City officials accountable for violating his First and Fourth Amendment rights by responding to a parody account spoofing the Mayor by launching a manhunt for the account’s author.

Peoria press conference

Peoria Journal Star: Our View: Council must weigh in on Twittergate defense

In a weekend editorial, the Peoria Journal Star questions the idea that Peoria’s citizens should be footing the mayor’s legal defense costs in the city’s Twittergate lawsuit. Reviewing the suit filed by the ACLU of Illinois on behalf of Jon Daniel, the newspaper reiterated the strengths of Daniel’s claim that his First and Fourth Amendment rights were violated when, at the mayor’s instigation, police entered his home, searched and confiscated his cell phone and computer equipment in response to his Twitter parody of the mayor. The editorial again calls on the city “to cut its losses,” challenges the wisdom of the city’s public relations strategy, and maintains that the mayor and city council members must be held responsible and accountable:

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Chicago Tribune Editorial: In Peoria, parody and self-parody

Cross-posted from The Chicago Tribune. 

Jon Daniel being interviewed by Jessica Williams on the Daily Show

Parody is speech

In a matter defined by the intersection of free speech and modern technology, the ACLU and the City of Peoria agreed yesterday to settle in a lawsuit dubbed “Twittergate” by media in Peoria.

Peoria press conference

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May 14, 2014
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Peoria Journal Star: ACLU plans to file a lawsuit in the Mayor Ardis Twitter parody case

The ACLU of Illinois will provide legal representation for a Peoria man responsible for a Twitter account that parodied the Mayor of Peoria, Jim Ardis. Peoria police raided the home of Jon Daniel on April 15, seizing cell phones, computers and other items they suspected were related to the Twitter account. The ACLU of Illinois believes that parody is protected speech and that Daniel's Fourth Amendment rights were also violated. The Peoria Journal Star spoke with Communications and Public Policy Director Ed Yohnka:
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Peoria Journal Star Op-Ed: City should try to cut its losses on Twittergate

Well, you could see that one comin’.
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"Twittergate" Media Coverage

A 29-year-old Peoria resident is suing the City, the Mayor and several officials for their overreaction to a Twitter parody of the Mayor. The city officials caused the parody to be turned into a police matter, leading to a raid on Mr. Daniel's home, the seizure of his personal property and his arrest and detention. Jon Daniel, represented by the ACLU of Illinois, is asking a federal court in Peoria to hold the Mayor, the City Manager, the former police chief and other City officials accountable for violating his First and Fourth Amendment rights by responding to a parody account spoofing the Mayor by launching a manhunt for the account’s author.
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Jun 16, 2014
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Peoria Journal Star: Our View: Council must weigh in on Twittergate defense

In a weekend editorial, the Peoria Journal Star questions the idea that Peoria’s citizens should be footing the mayor’s legal defense costs in the city’s Twittergate lawsuit. Reviewing the suit filed by the ACLU of Illinois on behalf of Jon Daniel, the newspaper reiterated the strengths of Daniel’s claim that his First and Fourth Amendment rights were violated when, at the mayor’s instigation, police entered his home, searched and confiscated his cell phone and computer equipment in response to his Twitter parody of the mayor. The editorial again calls on the city “to cut its losses,” challenges the wisdom of the city’s public relations strategy, and maintains that the mayor and city council members must be held responsible and accountable: