Padilla, Schiff Introduce Bill to Protect First Amendment Rights, Safeguard Americans From Politically Motivated Harassment, Prosecutions

WASHINGTON, D.C. - Today, U.S. Senators Alex Padilla and Adam Schiff (both D-Calif.) joined U.S. Senator Chris Murphy (D-Conn.) and U.S. Representative Jason Crow (D-Colo.-06) to introduce the No Political Enemies (NOPE) Act, legislation to help protect individuals and organizations - including nonprofits, faith groups, media outlets, and educational institutions - from politically motivated harassment and prosecution by the federal government.

The NOPE Act would reaffirm the constitutionally protected right to free speech, establish an affirmative defense, and provide additional legal tools for those targeted in politically motivated prosecutions or civil enforcement actions. The bill would also create an accountability structure for any government agency or executive branch employee that uses federal funds to suppress protected speech by making them criminally liable for certain violations and allowing victims of political targeting to sue them in their personal capacity.

"The President and his Administration have shredded the fundamental principle that in America, we don't punish our political opponents - we protect free speech," said Senator Padilla. "History warns us that when leaders try to weaponize the government against members of Congress or entertainers like Jimmy Kimmel and Stephen Colbert simply for questioning authority or voicing their disagreements, it's a sign of weakness, not strength. The NOPE Act will make essential reforms to help protect the constitutionally protected right to free speech for all Americans."

"President Trump - and the loyalists who carry out his orders - think they can weaponize the federal government to target people who speak out against the regime with total impunity," said Senator Murphy. "They're going after elected officials and public figures, but their real goal is to intimidate the millions of everyday Americans who oppose Trump's political agenda into silence. Our bill gives those who are speaking truth to power the tools they need to defend themselves if the regime comes after them - and includes serious, enforceable legal consequences for the Trump loyalists who are carrying out his campaign of retribution. This bill shouldn't be controversial. If Democrats and Republicans can't agree on the basic idea that the president can't use government employees and funds to go after his political enemies, then we are closer than ever to losing our democracy."

"From targeting media companies to nonprofit organizations to universities, Donald Trump's administration has been pushing to silence and intimidate the president's critics. Now more than ever, we need to reaffirm our Constitutional rights and prohibit the president from weaponizing the federal government against people who disagree with his administration. With this bill, we're fighting back to ensure we continue to protect the American people's rights and freedoms," said Senator Schiff.

"I went to war three times for this country to defend the rights of every American, including those who I may disagree with, because that is who we are as a country. The President is trying to use the full force of the federal government to suppress free speech rights. I won't remain silent as the President and his administration go after their political opponents and stifle dissent," said Representative Crow.

Less than a year into President Trump's second term, the Administration has used the vast powers of the federal government to go after its perceived political enemies hundreds of times. After the horrific murder of Charlie Kirk in September, President Trump quickly exploited the tragic shooting as justification to threaten left-leaning individuals and organizations. Leading figures throughout the executive branch, from White House Deputy Chief of Staff Stephen Miller and Attorney General Pam Bondi all the way up to Vice President JD Vance, issued overt threats of executive branch retribution against perceived political opponents. Shortly thereafter, FTC Chair Brendan Carr deployed mob-style threats to jawbone ABC, and its local affiliates throughout the country, into taking Trump critic Jimmy Kimmel off the air.

Recently, the Trump Administration expanded and escalated their political targeting operation to the Department of Defense, opening a military investigation into retired Navy Captain and sitting U.S. Senator Mark Kelly (D-Ariz.) after he participated in a video that didn't align with the Trump agenda.

In addition to Senators Padilla and Schiff, U.S. Senate Democratic Leader Chuck Schumer (D-N.Y.), Senators Angela Alsobrooks (D-Md.), Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Jeff Merkley (D-Ore.), Tina Smith (D-Minn.), Chris Van Hollen (D-Md.), and Peter Welch (D-Vt.), and Representatives Greg Casar (D-Texas-35), Alexandria Ocasio-Cortez (D-N.Y.-14), Chrissy Houlahan (D-Pa.-06), and Maxwell Frost (D-Fla.-10) also cosponsored the bill.

The No Political Enemies Act's key provisions include:

• Clear Statement of Congressional Policy: Enact a clear statutory declaration that no federal executive branch official may initiate or direct investigative, regulatory, or enforcement actions against Americans to suppress or burden constitutionally protected speech or association (i.e., "politically motivated" targeting).
• Statutory Defense in Political Targeting Cases: Create an affirmative defense in criminal prosecutions or civil enforcement actions. If a defendant presents substantial evidence that protected speech or association was a motivating factor, the burden shifts to the government to prove that legitimate, non-protected grounds justified the action. As part of this inquiry, the court may grant expedited discovery into government motivations. This provides a tool for those wrongly targeted to get meaningful access to evidence, corrects the imbalance of proof, and allows courts to quickly dismiss abusive actions.
• Narrow Statutory Bivens Remedy to Deter Targeted Political Retaliation: Establish a cause of action allowing individuals to sue federal officials for damages when their First Amendment rights are violated due to politically motivated targeting. The bill would immunize officials who demonstrate the target's speech was not constitutionally protected, but end existing immunities for federal employees from lawsuits in their personal capacity.
• Attorney Fee-shifting to Deter Meritless Politically Motivated Enforcement: Require the U.S. government to pay reasonable attorney's fees and costs to individuals and organizations who prevail in criminal prosecutions or civil enforcement actions if they can demonstrate the government's action was substantially motivated by a desire to suppress their constitutionally protected speech or association.
• Prohibition on Use of Funds for Politically Motivated Targeting: Would prohibit the use of federal funds for any investigatory, regulatory, or enforcement action initiated or pursued to suppress protected speech. Violations would trigger the Anti-Deficiency Act, creating administrative and potential criminal liability, and allow private parties to seek to prevent the use of such funds.

The bill is endorsed by Protect Democracy, Americans Against Government Censorship, the Campaign Legal Center, Public Citizen, and MoveOn.

"President Trump is carrying out an unprecedented campaign of retribution against his political opponents-this is what autocrats do to cement their grip on power," said Justin Vail, Counsel at Protect Democracy. "In a democracy, the president cannot use the vast powers of government to silence critics. The genius of the No Political Enemies Act is that it empowers everyday Americans with new tools to defend themselves against political targeting and hold government officials accountable for attacks on their free speech, regardless of who the president is."

"The Trump administration is openly breaking the law and weaponizing the machinery of government to punish its critics and silence dissent. The No Political Enemies Act is a good step that gives important protections to Americans who speak out against the government, strengthening their rights to free speech and creating more accountability for politicians that abuse their power," said Cole Leiter, Executive Director of Americans Against Government Censorship. "Over the last year, we have seen historic efforts to use the power of government to silence the president's political opponents. No American should fear they will be the victim of a weaponized government, and legislative action should be a cause for bipartisan agreement and action.

"Abusing government power to attack political opponents should be a hard NOPE," said Adav Noti, Executive Director at Campaign Legal Center. "As threats to the rule of law grow, Americans are increasingly at risk of retaliation and intimidation for speaking their mind. The right to criticize and challenge government actions is not just protected by the Constitution - it is a cornerstone of American life. The No Political Enemies Act is an essential step toward protecting that foundational principle. This important legislation will prohibit the government from targeting individuals and domestic groups for their protected speech and political activities, as well as give Americans new tools to defend their rights. CLC thanks the sponsors of this bill for their leadership and urges Congress to pass the NOPE Act without delay."

As President Trump and his Administration launched repeated attacks against Americans' First Amendment rights, Padilla joined a press conference to announce the NOPE Act last September. Shortly after CBS announced they were canceling The Late Show with Stephen Colbert, Padilla joined the show to call out the Trump Administration's cruel, unpopular mass deportations.

A one-pager on the bill is available here.

Full text of the bill is available here.

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