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This bill would create a new way for people to sue certain federal employees if they believe those employees violated rights protected by the First Amendment, such as free speech, free press, religion, peaceful protest, or the right to petition the government. It would apply to employees in the executive branch, including independent agencies, but not to the President or Vice President. The bill says the employee could be held personally responsible for the harm, while lawsuits against the federal agency or the federal government itself would not be allowed for this kind of conduct when it happened as part of the job. It also lets a court award attorney’s fees to the winning side in some cases and includes a standard rule to keep the rest of the law in place if one part is struck down.
- It creates a right to bring a lawsuit against a federal employee who, acting under federal authority, is accused of taking away First Amendment rights.
- The bill defines “federal employee” broadly for executive branch workers, including those at independent agencies, but excludes the President and Vice President.
- People could seek help through a court case, including damages or other relief, if they believe their First Amendment rights were violated.
- A judge may award reasonable attorney’s fees to the winning party, except the United States is not included in that fee rule.
Official Summaries
Censorship Accountability Act
This bill creates a new federal cause of action for the deprivation of any rights, privileges, or immunities secured by the First Amendment by a federal employee acting under color of any statute, ordinance, custom, or usage of the United States.
The term federal employee means an individual, other than the President or Vice President, who occupies a position in the Executive Branch.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 67 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 67
To provide for a right of action against Federal employees for
violations of rights secured by the First Amendment to the Constitution
of the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 9, 2025
Mr. Schmitt introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for a right of action against Federal employees for
violations of rights secured by the First Amendment to the Constitution
of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Censorship Accountability Act''.
SEC. 2. RIGHT OF ACTION AGAINST FEDERAL EMPLOYEES FOR VIOLATIONS OF
RIGHTS SECURED BY THE FIRST AMENDMENT TO THE CONSTITUTION
OF THE UNITED STATES.
(a) Definition.--In this section, the term ``Federal employee''
means an individual, other than the President or the Vice President,
who occupies a position in any agency or instrumentality in the
executive branch of the Federal Government, including in any
independent agency in that branch.
(b) Liability.--
(1) In general.--A Federal employee who, under color of any
statute, ordinance, regulation, custom, or usage, of the United
States, subjects, or causes to be subjected, any citizen of the
United States or any person within the jurisdiction thereof to
the deprivation of any rights, privileges, or immunities
secured by the First Amendment to the Constitution of the
United States, shall be liable to the party injured in an
action at law, suit in equity, or other proper proceeding for
redress.
(2) Exception.--Under paragraph (1), a Federal employee may
not bring suit against the agency or instrumentality employing
the Federal employee, or against the Federal Government, for
conduct that is within the scope of the employment
relationship.
(c) Attorney's Fees.--In any action or proceeding to enforce this
section, the court, in the discretion of the court, may allow the
prevailing party, other than the United States, a reasonable attorney's
fee as part of the costs.
(d) Severability.--If any provision of this section, or the
application of a provision of this section to any person or
circumstance, is held to be unconstitutional, the remainder of this
section, and the application of the provisions of this section to any
person or circumstance, shall not be affected by that holding.
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