Public Safety Free Speech Act
Sponsored By: Representative Van Drew
Introduced
Summary
Creates a private right to sue that shields certain public safety workers' off-duty personal speech. This bill would let covered employees bring claims if an employer fires or otherwise punishes them for expressing personal opinions about public safety service delivery, pay and benefits, working conditions or scheduling (including PPE, tools, equipment, or vehicles), employer policies or procedures, employment expectations, or political and religious views.
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- Public safety employees would gain a private civil remedy when punished for those personal opinions. Courts could award actual and compensatory damages, punitive damages, injunctive relief, attorneys' fees and costs, and other appropriate relief.
- Employers that are public safety entities or certain local or joint governments could still discipline workers for on-duty communications, speech that encourages violence or illegal acts, advocacy of discrimination or favoritism in professional duties, disclosure of confidential or personally identifiable information, or calls to withhold or diminish essential services.
- The bill defines who counts as a "covered employee" and as an "employer." It also says it does not supersede 42 U.S.C. 1983 or state laws that provide deprivation-of-rights causes of action.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Speech protections for public safety workers
If enacted, covered public safety employees could sue if their employer punishes them for off-duty personal opinions on certain topics. Protected topics would include public safety services, pay and benefits, working conditions or schedules (like PPE, tools, equipment, or vehicles), employer policies or requirements, and political or religious views. A winning employee could get actual and compensatory damages, punitive damages, an order to stop the harm, and attorneys’ fees and costs. Limits would apply: on-duty speech would not be protected, nor speech that pushes violence or illegal acts, advocates discrimination or favoritism on the job, reveals confidential or personal data from work, or urges withholding essential services. Covered employees would include certain law enforcement officers, firefighters, EMS staff, and some federal firefighters; covered employers would include law enforcement, fire, and EMS agencies and related public entities.
Keeps other civil rights lawsuits
If enacted, this would keep current civil rights claims in place. It would not block federal Section 1983 lawsuits or similar state claims. These would exist alongside the new remedy in the bill.
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Sponsors & CoSponsors
Sponsor
Van Drew
NJ • R
Cosponsors
Cohen
TN • D
Sponsored 2/18/2025
Gillen
NY • D
Sponsored 3/3/2025
Hayes
CT • D
Sponsored 3/4/2025
Ansari
AZ • D
Sponsored 3/5/2025
Neguse
CO • D
Sponsored 3/6/2025
Pappas
NH • D
Sponsored 3/11/2025
Vindman
VA • D
Sponsored 3/11/2025
Subramanyam
VA • D
Sponsored 3/21/2025
Brownley
CA • D
Sponsored 4/3/2025
Barr
KY • R
Sponsored 5/15/2025
Titus
NV • D
Sponsored 12/9/2025
Larson (CT)
CT • D
Sponsored 2/20/2026
Bacon
NE • R
Sponsored 3/3/2026
Norcross
NJ • D
Sponsored 3/17/2026
Sherman
CA • D
Sponsored 4/13/2026
Roll Call Votes
No roll call votes available for this bill.
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