No Political Enemies Act

This bill would bar federal executive branch officials, including the President and Vice President, from starting or directing investigations, regulatory actions, or legal claims against a person or group when the action is substantially motivated by constitutionally protected speech or association. People facing such federal claims could raise this as a defense, and the government would have to prove by clear and convincing evidence that its claim was not driven by that speech. People could also sue in federal court to stop such actions or to seek money damages from officials, with limits on official immunity and on the government paying those damages. The bill would allow courts to order the United States to pay attorneys' fees without a cap, ban spending federal funds on such actions, and require the Attorney General to send quarterly reports on certain Justice Department matters to the House and Senate Judiciary Committees.

Full text and official record on Congress.gov

Sponsors

• Christopher Murphy Democrat sponsor
• 10 cosponsors