Data center critic counts on free speech after allegedly threatening Lee County leader
Harley Delander, a data center critic from Dixon, Illinois, was arrested and charged with intimidation and stalking after allegedly posting the home address of Lee County leader Tom Demmer and threatening him in relation to a potential data center development. Delander's defense argues his actions are protected by free speech, while prosecutors contend they constitute threats. The legal case is ongoing.
Harley Delander, a 28-year-old Dixon resident, has been arrested and charged with intimidation and stalking following his vocal opposition to a potential data center development in Lee County, Illinois. Delander, who shares his appreciation for nature on TikTok, allegedly posted the home address of former State Representative Tom Demmer, who leads the Lee County Industrial Development Association. This association had advertised nearly 400 acres near the Lee-Whiteside County line as a prime spot for a data center.
Delander's social media activity escalated to calls for a community protest and an alleged email to Demmer threatening to make it his mission to drive Demmer out of the community if a data center came to town. James Mertes, Delander's civil rights attorney, argues that his client's actions are protected under First Amendment free speech rights, emphasizing that even calls for peaceful protest are protected. However, Lee County State's Attorney Charles Boonstra counters that the First Amendment does not protect threats of violence. Boonstra noted that after Delander's arrest and subsequent TikTok video about it, further threats of violence towards police officers intensified, drawing unwanted national attention to the case. The legal proceedings are ongoing, centered on the constitutional line between protected free speech and criminal intimidation.