The "No Political Enemies Act" seeks to safeguard individuals and organizations from federal government actions motivated by their protected political speech or participation. It explicitly states that Congress has not authorized the President to designate domestic terrorist organizations and affirms the First Amendment's protections for speech, assembly, and petitioning the government. The bill defines "protected speech or participation" broadly to include criticism, dissent, and association, clarifying that it must be a motivating factor, but not necessarily the sole reason, for a government action to be considered problematic. A core provision prohibits any covered Federal official from initiating or directing a covered enforcement claim or covered Government action against a covered person if it is substantially motivated by protected speech or aims to suppress it. This includes investigative, regulatory, or enforcement actions, even those taken without legal authority. The bill establishes an affirmative defense for individuals facing such claims, requiring expedited discovery into government motivations and shifting the burden of proof to the government to demonstrate legitimate, non-speech-related grounds by clear and convincing evidence. Furthermore, the legislation creates avenues for legal recourse against political targeting. It allows a covered person to bring a civil action for injunctive relief against officials or agencies engaged in such actions, with a violation of First Amendment rights sufficient to establish harm. It also permits civil actions for damages against federal officials who knowingly initiate politically motivated actions that violate constitutional rights, abrogating official immunity unless specific good faith conditions are met. To deter such targeting, the bill mandates that courts may award reasonable attorneys' fees and costs to parties who substantially prevail in demonstrating that a government action or claim was motivated by protected speech, without typical statutory limits. It also amends federal law to prohibit the use of federal funds for any government action or enforcement claim substantially motivated by protected speech, allowing civil actions to enjoin such expenditures. Finally, the Attorney General is required to provide quarterly reports to Congress on significant criminal investigations and prosecutions, ensuring oversight of potential political targeting.
Read twice and referred to the Committee on the Judiciary.
Civil Rights and Liberties, Minority Issues
No Political Enemies Act
USA119th CongressS-3646| Senate
| Updated: 1/14/2026
The "No Political Enemies Act" seeks to safeguard individuals and organizations from federal government actions motivated by their protected political speech or participation. It explicitly states that Congress has not authorized the President to designate domestic terrorist organizations and affirms the First Amendment's protections for speech, assembly, and petitioning the government. The bill defines "protected speech or participation" broadly to include criticism, dissent, and association, clarifying that it must be a motivating factor, but not necessarily the sole reason, for a government action to be considered problematic. A core provision prohibits any covered Federal official from initiating or directing a covered enforcement claim or covered Government action against a covered person if it is substantially motivated by protected speech or aims to suppress it. This includes investigative, regulatory, or enforcement actions, even those taken without legal authority. The bill establishes an affirmative defense for individuals facing such claims, requiring expedited discovery into government motivations and shifting the burden of proof to the government to demonstrate legitimate, non-speech-related grounds by clear and convincing evidence. Furthermore, the legislation creates avenues for legal recourse against political targeting. It allows a covered person to bring a civil action for injunctive relief against officials or agencies engaged in such actions, with a violation of First Amendment rights sufficient to establish harm. It also permits civil actions for damages against federal officials who knowingly initiate politically motivated actions that violate constitutional rights, abrogating official immunity unless specific good faith conditions are met. To deter such targeting, the bill mandates that courts may award reasonable attorneys' fees and costs to parties who substantially prevail in demonstrating that a government action or claim was motivated by protected speech, without typical statutory limits. It also amends federal law to prohibit the use of federal funds for any government action or enforcement claim substantially motivated by protected speech, allowing civil actions to enjoin such expenditures. Finally, the Attorney General is required to provide quarterly reports to Congress on significant criminal investigations and prosecutions, ensuring oversight of potential political targeting.