First Amendment Accountability Act: Sue Feds for Rights Violations, But Employees Can't Sue Back

The First Amendment Accountability Act lets citizens sue federal employees for violating their First Amendment rights. However, it also prevents federal employees from suing the government or their employer for actions taken within their job. The court can award attorney fees to whoever wins the case, as long as it's not the United States. Also, the definition of federal employee is pretty narrow, excluding the President and VP.

Suing for First Amendment Rights

This bill gives citizens a direct way to take federal employees to court if they believe their First Amendment rights have been violated. If a park ranger, for example, wrongly prevents a protestor from exercising their right to free speech, that protestor could potentially sue the ranger directly (Section 2). This part is all about making sure individual government workers respect your basic rights.

Limits on Federal Employee Lawsuits

While citizens get a new pathway to sue, federal employees don't get the same deal. The bill explicitly states that employees can't use this law to sue their bosses or the government itself for things done as part of their job (Section 2). So, if a federal whistleblower feels their free speech is being stifled by their agency, this law wouldn't be a tool they could use.

Who Pays the Legal Bills?

Here's a twist: if you win your case, the court can make the other side pay your attorney's fees (Section 2). This could make it easier for people to bring legitimate claims. But, and this is important, the U.S. government itself won't be on the hook for those fees if it loses. This could be a double-edged sword. It might encourage citizens to pursue cases, but it also puts a financial burden on individual federal employees.

Who's a "Federal Employee"?

This law defines "federal employee" in a specific way. It covers most people working in the executive branch, except the President and Vice President (Section 2). So, while a wide range of government workers are covered, the very top officials aren't included in this definition.

Keeping it Together

Finally, the bill includes a "severability clause" (Section 2). This means that if one part of the law is struck down by the courts, the rest of it still stands. It's a kind of legal safety net to keep the whole thing from collapsing if one piece is challenged.