This bill establishes a new legal pathway, creating a right of action for individuals to sue federal employees who violate their First Amendment rights while acting under color of law. It makes such federal employees personally liable to the injured party for the deprivation of these secured rights, allowing for actions at law or suits in equity. The legislation permits courts to award reasonable attorney's fees to the prevailing party, excluding the United States. It defines "Federal employee" to include individuals in any executive branch agency or instrumentality, specifically excluding the President and Vice President, but clarifies that it does not authorize federal employees to sue their employer for conduct within the scope of their employment relationship.
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Timeline
Introduced in House
Referred to the House Committee on the Judiciary.
Introduced in House
Referred to the House Committee on the Judiciary.
Law
Civil actions and liabilityFirst Amendment rightsGovernment employee pay, benefits, personnel managementLawyers and legal services
First Amendment Accountability Act
USA119th CongressHR-162| House
| Updated: 1/3/2025
This bill establishes a new legal pathway, creating a right of action for individuals to sue federal employees who violate their First Amendment rights while acting under color of law. It makes such federal employees personally liable to the injured party for the deprivation of these secured rights, allowing for actions at law or suits in equity. The legislation permits courts to award reasonable attorney's fees to the prevailing party, excluding the United States. It defines "Federal employee" to include individuals in any executive branch agency or instrumentality, specifically excluding the President and Vice President, but clarifies that it does not authorize federal employees to sue their employer for conduct within the scope of their employment relationship.