Censorship Accountability Act
- Sponsor
- Sen. Schmitt, Eric [R-MO]
- Committees
- Judiciary Committee (primary)
- Last action
- Jan 9, 2025
Bottom line
This bill establishes a mechanism for individuals to sue federal employees directly for alleged First Amendment infringements, aiming to enhance accountability for government censorship.
What it actually does
This bill creates a new private right of action, allowing citizens to sue federal employees directly for alleged violations of their First Amendment rights. It specifically excludes the President and Vice President from liability and prevents federal employees from suing their own agencies or the federal government under this Act. The bill also allows for the discretionary award of attorney's fees to the prevailing party.
Proponents argue
Proponents argue that this bill is essential to protect fundamental First Amendment rights by holding federal employees accountable for actions that infringe upon free speech. They contend it provides a necessary legal avenue for redress where existing legal frameworks, such as Bivens actions, are often limited, thereby preventing government overreach and censorship.
Opponents contend
Opponents might argue that this bill could lead to a flood of frivolous lawsuits against federal employees, potentially chilling legitimate government speech or actions. They express concerns that it could create an overly litigious environment for federal workers, hindering their ability to perform their duties effectively, especially in areas involving public communication or content moderation.
The bill is very short and can be read quickly, allowing ample time for a thorough evaluation of its provisions.
Section 2(a)
Definition of Federal Employee
This section defines who qualifies as a 'Federal employee' for the purposes of this Act. It includes any individual, other than the President or Vice President, who holds a position in any agency or instrumentality within the executive branch of the Federal Government, including independent agencies. This definition establishes the scope of individuals who can be held liable under the bill.
Supporters argue
Proponents argue that this broad definition ensures accountability extends across a wide range of federal actors within the executive branch, covering various agencies and instrumentalities that might engage in actions affecting First Amendment rights.
Critics contend
Opponents might argue that the scope is too broad, potentially subjecting a vast number of federal workers to personal liability for actions taken in their official capacity, which could lead to a chilling effect on government operations.
Tradeoffs
This provision balances the desire for broad accountability for First Amendment violations with the practical consideration of excluding the highest executive offices from direct personal liability under this specific statute.
Section 2(b)(1)
Right of Action for First Amendment Violations
This is the core provision of the bill, establishing that a federal employee who, acting under color of any law or custom, deprives or causes the deprivation of any First Amendment rights of a citizen or person within U.S. jurisdiction, shall be liable. This creates a direct cause of action, allowing injured parties to bring a lawsuit in law or equity for redress against the individual federal employee.
Section 2(b)(2)
Exception for Employment-Related Suits
This subsection provides an important clarification: a federal employee cannot use the right of action established in this bill to sue their own employing agency or the Federal Government for conduct that falls within the scope of their employment relationship. This prevents the bill from being utilized for internal employment disputes or grievances.
Section 2(c)
Attorney's Fees for Prevailing Party
This section grants courts the discretion to award reasonable attorney's fees as part of the costs to the prevailing party in any action or proceeding brought under this Act. The United States is explicitly excluded from receiving such fees. This provision aims to make litigation more accessible and financially viable for individuals pursuing claims.