H.R. 5365 – Sons and Daughters of America Act

111th CONGRESS

2d Session

H. R. 5365

IN THE HOUSE OF REPRESENTATIVES

May 20, 2010

Mr. Tiahrt (for himself, Mr. Duncan, and Mr. Lamborn) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To limit the relief available to persons who have been unconstitutionally prohibited from protesting at military and other funerals.

Short title

This Act may be referred to as the Sons and Daughters of America Act.

Limitations on liability to funeral protestors under the Revised Statutes

(a)

Relief in civil action

Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) is amended—

(1)

by inserting (a) before the first sentence; and

(2)

by adding at the end the following new subsection:

(b)

The party injured shall not be granted any relief other than injunctive or declaratory relief in a proceeding for redress under subsection (a) for an injury referred to in this subsection. The injury referred to in this subsection is a deprivation of the right to freedom of speech secured by the Constitution, if the deprivation is under authority of a statute, ordinance, regulation, custom, or usage that prohibits or restricts picketing, protesting, or demonstration at or in proximity to a funeral or any other ceremony, procession, or memorial service held in connection with the burial or cremation of the dead.

(b)

Attorney’s fee

Section 722(b) of the Revised Statutes of the United States (42 U.S.C. 1988(b)) is amended—

(1)

by inserting an em dash after except that;

(2)

by designating the matter beginning with in any action brought against a judicial officer and all that follows as a new paragraph (1);

(3)

in paragraph (1) (as designated by paragraph (2) of this subsection), by striking the period at the end and inserting ; and; and

(4)

by adding after such paragraph the following new paragraph:

(2)

an attorney’s fee shall not be awarded in an action or proceeding to which section 1979(b) applies.

Limitations on liability of the United States and Federal officials to funeral protestors

Notwithstanding any other provision of law, a court shall not grant any relief other than injunctive or declaratory relief, and shall not award fees or expenses of attorneys to the prevailing party, on a claim that—

(1)

is brought against the United States, a department or agency of the United States, or an official of the United States acting in his or her official capacity; and

(2)

alleges an injury referred to in section 1979(b) of the Revised Statutes of the United States (42 U.S.C. 1983(b)).

Effective date

This Act and the amendments made by this Act shall apply to any case that—

(1)

is pending on the date of enactment of this Act; or

(2)

commences on or after the date of enactment of this Act.

Sons and Daughters of America Act

Legislative Activity

Bill Text