H.R. 1443 — Public Safety Free Speech Act

This section establishes the short title of the Act as the “Public Safety Free Speech Act.”

This section establishes definitions for the Act. It defines “covered employee” to include: (1) a qualified law enforcement officer under 18 U.S.C. § 926B(c); (2) an individual employed to provide fire-fighting services or emergency medical services; and (3) a Federal firefighter under 5 U.S.C. § 8331(21) or § 8401(14). It defines “employer” to include a law enforcement agency, fire department, fire district, or emergency medical services agency employing a covered employee on a full-time or part-time basis, as well as counties, townships, villages, cities, municipalities, special districts, fire authorities, county improvement districts, other public entities authorized to spend or receive public funds, and other political subdivisions of a state, including entities jointly created by 2 or more public employers. It defines “personally identifiable information” as information that directly identifies an individual, such as a name, address, Social Security number, telephone number, or email address, or information that can identify specific individuals when combined with other data elements.

This section establishes a new federal cause of action for a covered employee to sue an employer for termination or any adverse employment action taken because the employee made oral or written statements expressing the employee’s personal opinion on 6 categories of workplace-related matters: (1) delivery of public safety services; (2) employee compensation or benefits; (3) working conditions or scheduling, including personal protective equipment, work tools and equipment, or work vehicles; (4) the employer’s policies or procedures; (5) other expectations or requirements imposed as a term or condition of employment; and (6) political and religious opinions. As background, 42 U.S.C. § 1983 provides a cause of action for deprivation of rights under color of state law; this section does not preempt, preclude, or supersede that statute or any State law cause of action for deprivation of rights under color of law. This section authorizes a prevailing plaintiff to recover actual damages, compensatory damages, punitive damages, injunctive relief, attorneys’ fees and costs, and any other appropriate relief. This section limits the new cause of action by excluding comments that are: (1) made while the covered employee is on duty; (2) an encouragement of, or intent to commit, violence or other illegal actions; (3) advocacy for discrimination or favoritism when performing professional duties; (4) intentional disclosure of confidential or personally identifiable information about specific individuals encountered through work; or (5) communications suggesting, advocating for, supporting, or otherwise stating that essential services should be withheld, delayed, or diminished as a form of job action or protest.