Censorship Accountability Act
This bill, called the Censorship Accountability Act, would create a private right of action allowing individuals to sue federal employees personally for violations of First Amendment rights that occur "under color of" federal law. In other words, if a federal employee (excluding the President and Vice President) deprives someone of First Amendment protections while acting within the scope of their official duties, the injured party could bring a civil claim against the individual employee in court. The agency or federal government itself would not be a proper defendant for such conduct if it falls within the employee’s official responsibilities. The bill also allows the prevailing party (other than the United States) to recover reasonable attorneys’ fees and costs, and it includes a severability clause so that if part of the law is struck down, the rest remains in effect.
Key Points
- 1Definition of Federal employee: Individuals in the executive branch who hold positions in any agency or independent instrumentality, excluding the President and Vice President.
- 2Liability for First Amendment violations: A federal employee who deprives, under color of federal law, a U.S. citizen or any person within U.S. jurisdiction of rights, privileges, or immunities secured by the First Amendment can be sued for redress in court.
- 3Private action against individuals, not the government: The employee can be sued personally; the agency or federal government cannot be sued for conduct that is within the scope of the employee’s duties.
- 4Attorneys’ fees: The court may, at its discretion, award reasonable attorneys’ fees to the prevailing party other than the United States.
- 5Severability: If a provision is found unconstitutional, the rest of the section remains in effect and can be applied to other people or circumstances.