 There’s a legal maxim that has guided American law for centuries: Ubi jus, ibi remedium – “Where there is a right, there is a remedy.” It’s time Congress gave Americans a remedy when our federal government violates our most fundamental rights – the rights to free speech and the free exercise of religion. On the first day of the 119th Congress, Rep. Harriet Hageman (R-Wy) introduced the First Amendment Accountability Act, which would give Americans the power to sue federal officials who violate their First Amendment rights. This legislation fills a glaring gap in our legal system – one that has allowed federal agencies and employees to trample on free speech, religious liberty, and political expression with impunity. Under current law, 42 U.S.C. §1983, Americans can sue state and local officials for violating their constitutional rights. But there is no equivalent statute when those rights are violated by federal officials. That’s not just a technical oversight – it’s a loophole that enables abuse, which we’ve seen in the FBI’s targeting of traditional Catholics, and the exposure of official bodies within the State Department and other federal agencies that secretly managed social media content and discouraged advertisers from placing ads in disfavored publications like Reason magazine. Rep. Hageman, as a member of the House Subcommittee on the Weaponization of the Federal Government, knows these First Amendment violations by heart. She was instrumental in helping uncover these abuses of power. They were real violations of First Amendment freedoms. And yet victims of this abuse have no meaningful legal recourse. That’s where the First Amendment Accountability Act comes in. Modeled on Section 1983, it provides a legal pathway for citizens to seek damages when federal employees violate their speech, religion, press, or assembly rights. It not only offers a remedy – it acts as a deterrent. When government officials know they can be held personally accountable in court, they think twice before silencing dissent or discriminating based on belief. A right without a remedy is no right at all. It is time to quit treating the First Amendment as if it were a suggestion, instead of the cornerstone of American liberty. It’s time for the House of Representatives to bring the First Amendment Accountability Act to the floor. Let every member show the American people where they stand – on the side of liberty, or the side of unchecked power.  We’ve joined with more than a dozen civil liberties organizations in an open letter warning Congress about the dangers of the Restrict Act, which would give the Secretary of Commerce sweeping powers over virtually all information technology. Some versions of the bill would criminalize speech about “national elections.”
“The scope of the act is enormous,” the coalition letter reads, “and may allow the administrative state to issue regulations affecting telecommunications, cryptocurrencies, press freedoms, and the use of and access to the Internet itself.” The bill would create criminal penalties that carry up to 20 years in prison and up to $1 million in fines, as well as civil asset forfeitures. If enacted, the Restrict Act would necessitate and likely authorize even more domestic spying on Americans than currently occurs, while making every American a potential suspect for communicating the “wrong” idea on the “wrong” platform or equipment. The Restrict Act would turn the Commerce Secretary into the nation’s telecommunications and speech czar. It is loaded with flagrant violations of the First Amendment. |
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