The Censorship Accountability Act allows citizens to sue federal employees who violate their First Amendment rights, with provisions for attorney's fees and severability.
Eric Schmitt
Senator
MO
The "Censorship Accountability Act" allows citizens to sue federal employees (excluding the President and Vice President) who violate their First Amendment rights. This act does not allow federal employees to sue their own agency or the government. Courts have the option to award attorney's fees to the winning party, excluding the U.S. government.
The Censorship Accountability Act is pretty straightforward: it lets citizens sue federal employees who violate their First Amendment rights. This means if a federal employee infringes on your freedom of speech, religion, press, assembly, or petition, you now have a direct legal path to address it in court.
This section of the bill is all about giving regular people more power to protect their constitutional rights. If a federal worker—excluding the President and Vice President—steps on your First Amendment rights, you can take them to court. For example, if a federal agency employee improperly restricts a journalist's access based on their reporting, that journalist could sue. Or, if a federal park ranger unfairly stops a peaceful protest, the protesters might have grounds for a lawsuit under this law.
While this bill opens the door for citizens to sue federal employees, it also sets some boundaries. Federal employees can’t use this law to sue their own agency or the government over job-related issues. So, an IRS employee, for example, couldn't sue the IRS under this section for an internal employment dispute related to their own speech. The focus here is really on protecting the public, not settling workplace grievances.
One key feature is the awarding of attorney's fees. If you win your case, the court can order the other side to cover your legal costs—but this doesn't apply if you're suing and happen to be the U.S. government. This makes it easier for people to pursue these cases without worrying about massive legal bills. The bill also includes a 'severability clause' (Section 2). Basically, if one part of the law is struck down by the courts, the rest of it stays in effect. That's a bit of legal insurance to keep the whole thing from collapsing if one piece is challenged.
While the aim is to protect free speech, there's always the practical concern of how this will play out. Could it lead to a flood of lawsuits, some less legitimate than others? It’s a valid question, and something to watch as the law is implemented. The bill doesn’t spell out every detail, so the courts will likely have to define the specifics of what constitutes a violation. Also, this new right is layered on top of existing laws, so it will be interesting to see how it fits into the bigger picture of First Amendment protections.