Sponsors (16)
The bill strengthens individuals' ability to sue federal employees for First Amendment violations and increases access to counsel, improving accountability and remedies for rights violations, but it also raises the risk of more litigation, costs for taxpayers, and defensive behavior by officials that could slow government operations and affect workforce recruitment.
Individuals whose First Amendment rights are violated by federal employees can sue for relief in law or equity, creating a formal accountability mechanism that can deter unconstitutional speech restrictions by government actors.
Prevailing private plaintiffs (other than the United States) may be awarded reasonable attorney’s fees, improving access to counsel and making it easier for victims to pursue constitutional claims.
Federal officials may respond to increased exposure to lawsuits by behaving defensively or more cautiously, which can slow decision-making and reduce the efficiency of government operations.
Federal employees may face greater litigation risk and potential liability for official acts, which could harm recruitment, retention, and employee morale in the federal workforce.
Taxpayers could incur higher costs if the government must defend, indemnify, or satisfy judgments and settlements arising from more frequent First Amendment lawsuits by private plaintiffs.
Based on analysis of 2 sections of legislative text.
Allows private lawsuits against federal employees who, acting under color of federal law, violate individuals' First Amendment rights and permits fee awards to prevailing private parties.
Introduced January 3, 2025 by Harriet Hageman · Last progress January 3, 2025
Creates a new private right for people to sue federal employees who, while acting under color of federal law, violate someone’s First Amendment rights. The measure defines "Federal employee" to include most executive-branch personnel (but not the President or Vice President), permits suits in law or equity, allows courts to award reasonable attorney’s fees to prevailing private parties (not the United States), bars Federal employees from suing the United States or their employer over conduct within the scope of employment, and includes a severability clause.