H.R. 7060: No Political Enemies Act

This bill, known as the No Political Enemies Act, aims to protect individuals and organizations from government actions that may target them based on their political speech or participation. Its key provisions include:

Prohibition on Political Targeting

The bill explicitly states that no federal official, including the President and Vice President, can initiate or direct government investigations or actions against individuals or organizations if these actions are substantially motivated by the individuals' or organizations' political speech or participation. This means that government actions cannot punish or suppress constitutionally protected expression.

Definitions of Key Terms

• Covered Person: Refers to any individual or domestic entity that is a citizen or lawful resident of the United States.
• Protected Speech or Participation: Includes any form of speech or expression that is protected by the First Amendment, such as criticism of the government or peaceful assembly.
• Covered Federal Official: Any employee or officer of the federal government, including in independent agencies.
• Covered Government Action: Any regulatory, investigative, or enforcement action taken by the government against an individual or organization.

Legal Defenses and Burden of Proof

Individuals facing government enforcement actions can use an affirmative defense to argue that the government’s actions were motivated by their protected speech. If they can present substantial evidence supporting this claim, the government must demonstrate that its actions were justified by legitimate reasons unrelated to the individual's speech.

Civil Actions for Individuals

The bill enables individuals to file civil lawsuits against federal officials or agencies that implement actions against them due to their political speech. This includes seeking injunctions to stop such actions and claiming damages if their constitutional rights were violated.

Attorney Fees and Cost Provisions

In legal cases where a covered person prevails against a government action that was found to be politically motivated, the court may order the government to pay reasonable attorneys’ fees and costs. This provision seeks to alleviate financial burdens from individuals wrongly targeted by governmental actions.

Reporting Requirements

The Attorney General is required to submit quarterly reports to Congress detailing all significant government investigations and actions that could be viewed as politically motivated, including reasons for any decisions made regarding these matters.

Use of Federal Funds

The bill prohibits the use of federal funds for actions against individuals or organizations that are substantially motivated by protected political speech or participation. This seeks to prevent taxpayers' money from being used to financially support politically motivated government actions.

Constitutional Considerations

The act includes a severability clause, indicating that if any part of the bill is deemed unconstitutional, the rest of the legislation will remain in effect.

Relevant Companies

• None found