118 S2616 IS: Censorship Accountability Act U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 2616IN THE SENATE OF THE UNITED STATESJuly 27, 2023Mr. Schmitt introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo provide for a right of action against Federal employees for violations of rights secured by the First Amendment to the Constitution of the United States, and for other purposes.

1.

Short title

This Act may be cited as the Censorship Accountability Act.

2.

Right of action against Federal employees for violations of rights secured by the First Amendment to the Constitution of the United States

(a)

Definition

In this section, the term Federal employee means an individual, other than the President or the Vice President, who occupies a position in any agency or instrumentality in the executive branch of the Federal Government, including in any independent agency in that branch.(b)

Liability

(1)

In general

A Federal employee who, under color of any statute, ordinance, regulation, custom, or usage, of the United States, subjects, or causes to be subjected, any citizen of the United States or any person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the First Amendment to the Constitution of the United States, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.(2)

Exception

Under paragraph (1), a Federal employee may not bring suit against the agency or instrumentality employing the Federal employee, or against the Federal Government, for conduct that is within the scope of the employment relationship.(c)

Attorney’s fees

In any action or proceeding to enforce this section, the court, in the discretion of the court, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.(d)

Severability

If any provision of this section, or the application of a provision of this section to any person or circumstance, is held to be unconstitutional, the remainder of this section, and the application of the provisions of this section to any person or circumstance, shall not be affected by that holding.