January 9, 2025
Mr. Schmitt introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To provide for a right of action against Federal employees for violations of rights secured by the First Amendment to the Constitution of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the Censorship Accountability Act
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Sec. 2. Right of action against Federal employees for violations of rights secured by the First Amendment to the Constitution of the United States
(a) Definition
In this section, the term Federal employee means an individual, other than the President or the Vice President, who occupies a position in any agency or instrumentality in the executive branch of the Federal Government, including in any independent agency in that branch.
(b) Liability
(1) In general
A Federal employee who, under color of any statute, ordinance, regulation, custom, or usage, of the United States, subjects, or causes to be subjected, any citizen of the United States or any person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the First Amendment to the Constitution of the United States, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
(2) Exception
Under paragraph (1), a Federal employee may not bring suit against the agency or instrumentality employing the Federal employee, or against the Federal Government, for conduct that is within the scope of the employment relationship.
(c) Attorney’s fees
In any action or proceeding to enforce this section, the court, in the discretion of the court, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.
(d) Severability
If any provision of this section, or the application of a provision of this section to any person or circumstance, is held to be unconstitutional, the remainder of this section, and the application of the provisions of this section to any person or circumstance, shall not be affected by that holding.