No Political Enemies Act

Summary#

This bill, the No Political Enemies Act, would bar federal executive-branch officials from starting or directing investigations, regulatory actions, or prosecutions that are substantially motivated by a person's protected political speech or participation. It defines who is covered (domestic entities and individuals who are citizens, nationals, lawful permanent residents, or are present in the United States), what counts as protected speech, and what counts as a covered enforcement claim or covered Government action.

The bill creates several legal tools for people who say they are targeted for political speech: an affirmative defense in enforcement cases; a civil right to seek injunctions or other equitable relief to stop imminent or ongoing actions; and a civil right to seek money damages when a federal official knowingly started an action substantially motivated by protected speech and the person's constitutional rights were violated. It narrows official immunity so that covered federal officials generally may not claim immunity except in certain good-faith situations.

The bill also lets courts order expedited discovery into the government's motives, requires the Government to prove by clear and convincing evidence that actions were not motivated by protected speech if the defendant shows substantial evidence otherwise, and allows courts to award attorneys' fees and costs to parties who substantially prevail when a government action was substantially motivated by protected speech. It removes statutory limits on such fee awards. The bill adds a prohibition on using federal funds for enforcement actions substantially motivated by protected speech and gives aggrieved persons the right to sue over such improper expenditures. Finally, it requires the Attorney General to provide quarterly reports to congressional judiciary committees about certain investigations and to notify them quickly when courts allow discovery into prosecutorial declarations.

What it means for you#

• If you are a covered person (a U.S. or resident individual, or a domestic entity), you could raise an affirmative defense if the federal government brings an enforcement claim you believe was motivated by your protected political speech.
• You could ask a federal court for a temporary or permanent injunction to stop ongoing or imminent enforcement actions that you say target your protected speech. Showing a likelihood of success on that claim could be enough to get emergency relief.
• You could sue for money damages if a federal official knowingly started an action substantially motivated by your protected speech and your constitutional rights were violated.
• If you show evidence that the government was motivated by your speech, courts must allow faster discovery into the government's reasons, and the government must prove by clear and convincing proof that its action was not motivated by speech.
• If a court finds the government action was substantially motivated by protected speech, you could recover reasonable attorneys' fees and costs. The bill also restricts when the United States can indemnify an official against such awards.

Expenses#

No publicly available information.

Proponents' View#

As stated in the bill's findings and text, supporters aim to stop federal officials from using investigative, regulatory, or enforcement powers to punish, burden, or suppress constitutionally protected political speech or participation. The bill is written to give people clear defenses and remedies, to require faster fact-finding about government motives, to limit official immunity in these cases, and to increase oversight through regular Department of Justice reporting to Congress.

Opponents' View#

No publicly available information.