The Capitol LedgerEvery move in Congress, on the record
HomeBillsRecordsLedger AI

The Capitol Ledger

Built from the Congressional Record and Congress.gov. Every summary links to its source.

AboutFAQFeedbackTerms of ServicePrivacy Policy
Follow us onlineInstagram

Summaries are AI-generated from primary sources. Verify anything important against the original record.

The Capitol Ledger

Built from the Congressional Record and Congress.gov. Every summary links to its source.

The projectAboutFAQFeedback
LegalTerms of ServicePrivacy Policy
Follow us onlineInstagram

Summaries are AI-generated from primary sources. Verify anything important against the original record.

All bills
S. 223·119th Congress·Introduced Jan 23, 2025

Restoring the First Amendment and Right to Peaceful Civil Disobedience Act of 2025

IntroducedCrime and Law EnforcementMajor
View bill text
Sponsor
Sen. Lee, Mike [R-UT]
Committees
Judiciary Committee (primary)
Last action
Jan 23, 2025

Bottom line

This bill would remove federal protections for access to reproductive health services by eliminating the FACE Act, potentially shifting enforcement entirely to state and local authorities and impacting ongoing federal cases.

What it actually does

This bill repeals 18 U.S.C. 248, commonly known as the Freedom of Access to Clinic Entrances (FACE) Act of 1994. The repeal would eliminate federal prohibitions against using force, threats of force, or physical obstruction to injure, intimidate, or interfere with persons seeking or providing reproductive health services, or to damage or destroy reproductive health facilities. The repeal would also apply retroactively to any pending or future prosecutions under the Act.

Proponents argue

Proponents argue that the FACE Act infringes upon First Amendment rights, particularly freedom of speech and the right to peaceful assembly and protest. They contend that the Act has been selectively enforced to target anti-abortion activists, stifling legitimate civil disobedience. Repealing it would restore constitutional liberties and ensure equal application of the law, allowing for robust public discourse.

Opponents contend

Opponents argue that repealing the FACE Act would remove a critical federal tool for protecting patients and providers of reproductive health services from violence, threats, and intimidation. They contend that the Act is necessary to ensure safe access to clinics and prevent disruptions, and its repeal would embolden extremist groups, leading to increased harassment and potential violence against those seeking or providing legal medical care.

The bill text is extremely short and straightforward, requiring minimal time to read. However, understanding its implications requires significant background knowledge of the FACE Act and its legal and social context.

Section 2(a)

Repeal of the Freedom of Access to Clinic Entrances (FACE) Act

prominently featuredstraightforward

This section entirely eliminates Section 248 of Title 18, United States Code, which is the federal law known as the FACE Act. The FACE Act currently prohibits individuals from using force, threats, or physical obstruction to interfere with a person obtaining or providing reproductive health services, or to damage reproductive health facilities. Its repeal means these specific actions would no longer be federal offenses, removing a key federal enforcement mechanism.

GroupImpactMechanismScale
GroupIndividuals seeking reproductive health servicesImpactPotential decrease in federal protection against obstruction and violence when accessing clinics.MechanismRemoval of federal criminal penalties for certain acts of interference.ScaleNationwide, affecting all individuals seeking or providing reproductive health services.
GroupReproductive health service providers and facilitiesImpactReduced federal legal recourse against threats, violence, and property damage.MechanismElimination of federal criminal charges for acts targeting clinics and staff.ScaleNationwide, affecting all clinics and their staff.
GroupAnti-abortion activists and protestorsImpactIncreased freedom to engage in protests and demonstrations outside clinics without federal FACE Act prosecution risk.MechanismRemoval of federal criminal penalties for actions previously covered by the FACE Act.ScaleNationwide, affecting all individuals engaging in such activities.

Supporters argue

Supporters argue that the FACE Act has been used to suppress legitimate First Amendment-protected protest activities, particularly those of anti-abortion activists. They contend that its repeal would restore free speech rights and allow for peaceful civil disobedience without fear of federal overreach, relying on existing state laws for actual violence.

Critics contend

Opponents assert that the FACE Act is a vital tool for protecting vulnerable individuals accessing healthcare and the medical professionals providing it. They argue that its repeal would leave patients and providers exposed to increased harassment, intimidation, and violence, potentially making it harder to access legal medical services.

Tradeoffs

The provision navigates the tension between protecting First Amendment rights to protest and ensuring safe, unhindered access to legal medical services. It also highlights the balance of power between federal and state enforcement regarding public safety and civil rights.

Section 2(c)

Retroactive Applicability of Repeal

mentioned in summarystraightforward

This subsection specifies that the repeal of the FACE Act would apply not only to new offenses committed after the bill's enactment but also to any prosecutions that are currently ongoing or that begin after the enactment date, even if the alleged offense occurred before the repeal. This means individuals currently facing charges or convicted under the FACE Act could potentially have their cases dismissed or convictions overturned, affecting the finality of legal proceedings.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

On this page

  • Executive summary
  • Key provisions
  • Follow the money
  • Critical analysis
  • Questions to ask
  • Implementation
  • Political analysis
Ask Ledger AI about this