On June 13, 2025, a jury found 21-year-old Nitaawe Banks not guilty of obstructing traffic during a Palestine solidarity demonstration on March 8, 2024. During the trial, Banks and their attorneys successfully brought forth a “necessity” defense arguing that Banks’ protest was necessary to prevent the greater harm of unconditional US weapons and political support to Israel to perpetuate the genocide in Gaza. 

“As an Anishinaabe survivor of the more than 500-year genocidal campaign that has been waged against my people, and who has grown up on land occupied by the US government, an entity whose very existence is predicated on the wholesale mass extermination of indigenous life, I can not simply watch the same colonial ideology and superstructure perpetuate the decimation of Palestinians in Gaza. I can not be silent while Anishinaabe peoples live under occupation across North America; nor can I be silent when the indigenous peoples of Palestine under israeli occupation face genocidal ethnic cleansing of their people, culture, and way of life,” said Nitaawe Banks. 

Banks had been arrested following a 24-hour vigil at Federal Plaza during which activists read aloud the names of over a third of the 30,000+ Palestinians who had been killed by Israel’s military assault. To end the vigil, more than thirty people blocked morning traffic at the intersection of Jackson and Dearborn to bring further attention to the humanitarian crisis in Gaza and our government’s involvement in the deadly attacks and siege in Gaza. Banks, an Indigenous organizer, was arrested alongside 32 other protesters, including Jewish and interfaith members.

The sobering trial included an expert witness that spoke about the decades long occupation of Palestine, and Banks’ own powerful testimony, explaining that the protest and subsequent arrest were necessary to get the public’s and elected officials’ attention. Banks also testified about the people of many faiths, including Jewish people, that linked arms at the intersection to stand against the Israeli and US government, and the personal connection between their Anishinaabe people and the Palestinians’ struggle for existence.

“Nitaawe refused to plead guilty and the jury affirmed their actions were justified based on the necessity defense, because we proved that the harm Nitaawe and the others were protesting was far greater than any ‘harm’ caused by blocking traffic. Nitaawe is one of many organizers fighting for true justice, in contrast to the City’s persistence in these petty and pointless prosecutions of civil disobedience,” said Amanda Yarusso, an attorney with the National Lawyers Guild of Chicago.

Since the bombing of Gaza began in October 2023, the Chicago chapter of the National Lawyers Guild has organized 33 volunteer attorneys to provide free representation to more than 500 people who have been arrested at solidarity protests in Chicago. 

“Although the movement for a free Palestine is facing historic repression, this win is a testament to our growing power. When the public is educated and aware of the on-going colonization of Palestine, they will stand on the right side of history against state repression,” said Deborah Adelman, JVP activist and Board member, Tzedek Chicago, Professor Emerita of English at College of DuPage, and participant in the March 8, 2024, demonstration.

Last night, the National Lawyers Guild of Chicago dispatched 18 Legal Observers to support protesters expressing outrage over Trump’s authoritarian attacks on immigrants. We provided legal support for the 17 people who were arrested, and volunteer attorneys with our Mass Defense program visited most of them while in police custody. At this time, two people remain in police custody awaiting charges. Everyone else arrested yesterday was either released directly from the First District police station overnight or early this morning, or was ordered released in these cases by the courts today.

Yesterday’s police response was especially violent and aggressive. Many of the people arrested at the demonstrations reported extensive physical injuries, reflecting widespread reports of extreme physical aggression by Chicago Police officers.

Our city has a long and important history of protest. The First Amendment rights of Chicagoans must be respected without violent retaliation from law enforcement. CPD’s blatant disregard for policies limiting the use of force demonstrates their inability to respect protesters’ basic constitutional rights. 

NLG Chicago will continue supporting our city’s social justice movements as they mobilize against ICE and police violence. Our members will be in the streets and in the courts to support people standing up to fascism.

National Lawyers Guild Chicago strongly opposes HB3023. This legislation raises significant concerns regarding free speech rights and is ripe for potential misuse. If passed, this legislation would deter Illinoisans from engaging in First Amendment protected activity. While attacks on free speech are always concerning, this bill is particularly troubling given the attacks on our democracy the US is currently facing from the Trump administration.

We believe that this legislation could have a chilling effect and deter residents from engaging in protests, assemblies, or the dissemination of controversial ideas due to fear of legal repercussions. HB3023 establishes relief through civil litigation, which could be exploited to suppress dissenting voices through frivolous lawsuits. One of the most concerning aspects of this legislation is that it fails to clearly limit or narrow the liability of potential defendants. This ambiguity opens the door for wealthy interests to attack the rights of students, unions, and neighborhood, community, or political organizations they do not agree with, should a wealthy individual subjectively feel like the mere presence of such a group is “threatening.”

National Lawyers Guild Chicago urges Illinois legislators to protect free-expression and vote no on HB3023.