H.R. 162: First Amendment Accountability Act (119th Congress) Bill Summary

This bill, titled the First Amendment Accountability Act, proposes a legal mechanism for individuals to hold federal employees accountable when they violate someone's First Amendment rights. Here’s a breakdown of its main points:

Right of Action Against Federal Employees

The bill aims to enable lawsuits against federal employees if they, while acting in their official capacity, infringe upon the First Amendment rights of any citizen or person under U.S. jurisdiction. This includes actions that deprive individuals of their rights related to freedom of speech, religion, press, assembly, and petition.

Exceptions to the Rule

However, there is an important exception noted in the bill: federal employees cannot sue their own federal employer or the federal government itself for actions that are considered part of their job duties. This means that if a federal employee's actions within their official role lead to a First Amendment violation, they cannot be held personally liable in that context.

Legal Costs

The bill also allows courts to award reasonable attorney’s fees to the winning party, with the exception of the United States government, in any legal proceeding initiated under this act. This could encourage individuals to file lawsuits if they believe their rights have been violated, knowing that legal costs may be covered if they prevail.

Definition of Federal Employee

For the purposes of this legislation, a "Federal employee" is defined as any individual not including the President or Vice President who works within any executive branch agency. This encompasses a wide range of government workers across various federal departments and agencies.

Severability Clause

The bill includes a severability clause, meaning if any part of the law is determined to be unconstitutional, the rest of the law will remain in effect. This is a common legislative measure designed to protect the overall framework of the bill even if specific provisions are struck down.

Overall Aim

The overall goal of the First Amendment Accountability Act is to enhance protection for individuals against potential abuses of power by federal employees, thereby reinforcing First Amendment rights through the judicial process.