109th CONGRESS
2d Session
H. R. 6157
To amend the Revised Statutes of the United States to provide for
legal protection against frivolous lawsuits directed at statutes prohibiting
picketing at military and other funerals, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
September 21, 2006
Mr. TIAHRT (for himself, Mr. RYUN of Kansas, Mr. MORAN of Kansas, Mr. WILSON
of South Carolina, and Mr. RYAN of Wisconsin) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To amend the Revised Statutes of the United States to provide for
legal protection against frivolous lawsuits directed at statutes prohibiting
picketing at military and other funerals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Sons and Daughters of America Act'.
SEC. 2. LIMITATIONS ON CERTAIN LAWSUITS AGAINST STATE AND LOCAL OFFICIALS.
(a) Civil Action for Deprivation of Rights- 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:
`(b) The remedies with respect to a claim under this section are limited
to injunctive and declaratory relief where the deprivation consists of a
violation of the right to freedom of speech secured by the Constitution,
and such violation is the result of a statute, ordinance, regulation, custom,
or usage which prohibits or restricts picketing, protesting, or demonstrating
at a funeral or any other ceremony, procession, or memorial service held
in connection with the burial or cremation of the dead.'.
(b) Attorneys' Fees- Section 722(b) of the Revised Statutes of the United
States (42 U.S.C. 1988(b)) is amended by adding at the end the following:
`However, no fees shall be awarded under this subsection with respect to
a claim described in subsection (b) of section nineteen hundred and seventy
nine.'.
SEC. 3. LIMITATIONS ON CERTAIN LAWSUITS AGAINST THE UNITED STATES AND
FEDERAL OFFICIALS.
(a) In General- Notwithstanding any other provision of law, a court shall
not award reasonable fees and expenses of attorneys to the prevailing party
on a claim of injury described in subsection (b) brought against the United
States or any agency or any official of the United States acting in his
or her official capacity in any court having jurisdiction over such claim,
and the remedies with respect to such a claim shall be limited to injunctive
and declaratory relief.
(b) Claims to Which Limitations Apply- Subsection (a) shall apply with respect
to any claim of injury consisting of the violation of the right to freedom
of speech secured by the Constitution, if such violation is the result of
a statute, ordinance, regulation, custom, or usage which prohibits or restricts
picketing, protesting, or demonstrating at a funeral or any other ceremony,
procession, or memorial service held in connection with the burial or cremation
of the dead.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on the date of
the enactment of this Act and shall apply to any case that--
(1) is pending on such date of enactment; or
(2) is commenced on or after such date of enactment.
END
