Protecting Political Speech: New Defenses Against Government Targeting and Retaliation.
This Act aims to prevent federal officials from using investigative or regulatory powers to punish individuals and organizations for their political speech or participation. It establishes new legal mechanisms, such as the ability to sue the government for damages or block actions (like tax audits) if they are politically motivated. This provides citizens with stronger defenses for their constitutional rights to free speech and association.
Key points
Prohibition on Political Targeting: Federal officials are barred from initiating criminal, civil, or regulatory actions if they are substantially motivated by criticism of the government or other protected political activity.
New Legal Defense: Citizens can use political motivation as an affirmative defense in court, requiring the government to prove by clear and convincing evidence that the action was justified by legitimate, non-political grounds.
Damages and Injunctions: Individuals whose rights are violated can sue officials for damages and obtain court orders to stop politically motivated government actions, including those related to tax-exempt status revocation.
Status:
Introduced
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