Public Safety Free Speech Act

Summary#

This bill, the Public Safety Free Speech Act, defines who is a covered employee: qualified law enforcement officers, people who provide fire-fighting or emergency medical services, and certain federal firefighters. It lets a covered employee sue their employer if the employer fires them or takes other adverse employment action because of the employee's oral or written personal opinions on: delivery of public safety services; pay or benefits; working conditions or scheduling (including personal protective equipment, tools, or vehicles); employer policies or procedures; other job expectations or requirements; or political and religious opinions. The bill allows courts to award actual, compensatory, and punitive damages; injunctive relief; attorneys' fees and costs; and other appropriate relief. The bill lists limits to the protection: it does not cover comments made while on duty; comments that encourage violence or illegal acts; advocacy of discrimination or favoritism in carrying out duties; intentional disclosure of confidential or personally identifiable information about specific people encountered on the job; or statements that call for withholding, delaying, or diminishing essential services as a form of protest. The bill says it does not replace or supersede 42 U.S.C. 1983 or any State law that provides a similar cause of action. It was introduced in the House and referred to the Committee on the Judiciary on February 18, 2025.

What it means for you#

If you are a covered employee, the bill would let you bring a lawsuit if your employer takes adverse action against you for off-duty statements listed above. If you are an employer as defined in the bill, the bill would limit when you may discipline or fire covered employees for certain off-duty speech and could expose you to legal claims and court-ordered remedies if you do so. The bill also identifies specific situations where speech is not protected.

Expenses#

No publicly available information on fiscal effects or estimated costs.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.