S. 1247

119th CONGRESS 1st Session

To ensure the ability of public safety officers to retain their right to free speech on matters related to public safety, working conditions, and other matters.

IN THE SENATE OF THE UNITED STATES · April 2, 2025 · Sponsor: Mr. Schmitt · Committee: Committee on Health, Education, Labor, and Pensions

Table of contents

• S. 1247
  • SEC. 1. Short title
  • SEC. 2. Definitions
  • SEC. 3. Cause of action for violating the right to free speech

SEC. 1. Short title

• This Act may be cited as the Public Safety Free Speech Act.

SEC. 2. Definitions

• In this Act:
  • The term covered employee means—
  • The term employer means—
  • The term personally identifiable information means information—

SEC. 3. Cause of action for violating the right to free speech

• (a) In general
  • Notwithstanding any other provision of law, a covered employee may bring an action against an employer if the employer engages in termination or any adverse employment action against the employee for making oral or written statements expressing the employee’s personal opinion on matters pertaining to—
    • delivery of public safety services;
    • employee compensation or benefits;
    • working conditions or scheduling, including the provision of personal protective equipment, work tools and equipment, or work vehicles;
    • employer’s policies or procedures;
    • other expectations or requirements that the employer places on a covered employee as a term or condition of their employment; or
    • political and religious opinions.
• (b) Relief
  • A plaintiff that prevails in an action under subsection (a) may receive actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, attorneys’ fees and costs, and any other appropriate relief.
• (c) Limitations
  • Subsection (a) shall not apply to written or oral comments that—
    • are made while the covered employee is on duty;
    • express any encouragement of, or intent, to commit violence or other illegal actions;
    • advocate for discrimination or support favoritism when discharging their professional duties;
    • intentionally disclose confidential or personally identifiable information pertaining to specific individuals with whom the covered employee has interacted with in the course of performing their work or other job-related duties; or
    • suggest, advocate for, support, or otherwise communicate that essential services should be withheld, delayed, or diminished as a form of job action or protest.
  • This Act shall not be construed to preempt, preclude, or supersede section 1979 of the Revised Statutes () or any State law that provides a cause of action for deprivation of rights under color of law. 42 U.S.C. 1983