No Political Enemies Act

Summary

Creates new limits and transparency on how federal officials and agencies use investigative, regulatory, or enforcement power when actions are substantially motivated by a person’s protected speech or participation. It requires regular Department of Justice reporting to congressional judiciary committees, bans politically motivated enforcement, gives targets of such actions expedited discovery and defenses, allows injunctions and damages suits against officials and agencies, curtails official immunity in many cases, and bars use of federal funds for enforcement actions that are substantially motivated by protected speech.

• Requires quarterly DOJ reports to House and Senate judiciary committees summarizing significant investigations, prosecutions, or enforcement actions.
• Prohibits federal officials from initiating or directing enforcement actions substantially motivated by a person’s protected speech or participation.
• Gives targets of such actions an affirmative defense and expedited discovery into government motivations; government must rebut by clear and convincing evidence.
• Permits injunctions and equitable relief against impending or ongoing politically motivated government actions and waives key jurisdictional bars for such suits.
• Creates a damages cause of action against federal officials who knowingly direct politically motivated actions and substantially narrows official immunity.
• Authorizes courts to award attorneys’ fees and costs to prevailing plaintiffs in politically motivated enforcement disputes and exempts such awards from certain statutory fee limits.
• Bars federal funds from being used for covered Government actions substantially motivated by protected speech and creates a private right of action to enforce that prohibition.
• Defines broad categories of covered persons, covered officials, covered enforcement claims, and protected speech to guide application and litigation.