S1247119th CongressWALLET

Public Safety Free Speech Act

Sponsored By: Senator Eric Schmitt

Introduced

Summary

Creates a private cause of action for certain public safety employees to challenge employer retaliation over their personal opinions about workplace and public safety policies.

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  • Includes law enforcement officers, firefighters, emergency medical service workers, and certain federal firefighters. Protected topics cover service delivery, pay and benefits, working conditions including PPE and equipment, employer policies, job requirements, and political and religious opinions.
  • Defines employers broadly to include law enforcement agencies, fire departments, emergency medical services agencies, and many local public entities such as cities, special districts, and other political subdivisions.
  • Allows courts to award actual, compensatory, and punitive damages, injunctive relief, and attorneys' fees. Protections would not apply to on-duty comments that encourage violence or illegal acts, advocate discrimination, intentionally disclose confidential or personally identifiable information about specific individuals, or urge withholding essential services.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

New speech rights for public safety

If enacted, the bill would let covered public safety employees sue employers who fire or take adverse action for certain personal opinions. It would cover certain law enforcement officers, firefighters, and EMS workers. Protected topics would include public safety services, pay and benefits, working conditions or schedules, employer policies or job requirements, and political or religious opinions. A winning employee could seek actual and compensatory damages, punitive damages, injunctive relief, and attorneys' fees and costs. The bill would not protect on-duty statements, calls for violence or illegal acts, advocacy of discrimination or favoritism, intentional disclosure of confidential or personally identifiable information about specific people, or calls to withhold essential services.

Federal and state claims preserved

The bill would not be read to preempt or replace 42 U.S.C. 1983 federal civil-rights claims or any State law that allows similar claims. If enacted, those federal and state causes of action could still be brought in addition to any new claim created by this bill.

Sponsors & CoSponsors

Sponsor

Eric Schmitt

MO • R

Cosponsors

  • Jim Banks

    IN • R

    Sponsored 9/10/2025

  • Dan Sullivan

    AK • R

    Sponsored 3/10/2026

Roll Call Votes

No roll call votes available for this bill.

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