This measure, introduced January 9, 2025 by Senator Eric Schmitt and referred to the Committee on the Judiciary, creates a private right of action against most executive-branch employees who, while acting under color of federal authority, deprive a person of rights protected by the First Amendment. "Federal employee" is defined to exclude the President and Vice President and to include individuals who work in executive branch agencies and independent agencies. A person injured by such conduct may sue the employee in an action at law, suit in equity, or other proper proceeding for redress. The text also says a federal employee may not use this provision to sue their employing agency or the United States for conduct that was within the scope of their employment. Courts may, at their discretion, award reasonable attorney's fees to the prevailing party other than the United States. The text includes a severability clause.
If you are a citizen or a person within the jurisdiction, the text says you may bring a case against an executive-branch employee who, while relying on a federal statute, regulation, custom, or usage, causes you to lose rights protected by the First Amendment. The President and Vice President are not covered by the definition of "federal employee." The provision also limits a federal employee's ability to sue their own agency or the United States for actions taken within the scope of employment. A court can decide to award reasonable attorney's fees to a prevailing non‑governmental party.
No publicly available information on estimated budgetary costs or savings. The text does allow courts to award reasonable attorney's fees to a prevailing party other than the United States, but the measure provides no cost estimates.
No publicly available information.
No publicly available information.