WASHINGTON—U.S. Senator Chris Murphy (D-Conn.) and U.S. Representative Jason Crow (D-Colo.-6) on Wednesday led Senate Democratic Leader Chuck Schumer (D-N.Y.), and U.S. Senators Cory Booker (D-N.J.), Chris Van Hollen (D-Md.), Alex Padilla (D-Calif.), Peter Welch (D-Vt.), Tina Smith (D-Minn.), Adam Schiff (D-Calif.), Richard Blumenthal (D-Conn.), Angela Alsobrooks (D-Md.), and Jeff Merkley (D-Ore.) and Representatives Greg Casar (D-Texas-35), Chrissy Houlahan (D-Pa.-06), Alexandria Ocasio-Cortez (D-N.Y.-14) and Maxwell Frost (D-Fla.-10) in introducing the No Political Enemies (NOPE) Act, legislation to protect individuals and organizations, including non-profits, 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, and 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 personally, criminally liable for violations of the Anti-Deficiency Act and allowing victims of political targeting to sue them in their personal capacity.

Less than a year into President Trump’s second term, there are hundreds of documented instances of the administration using the vast powers of the federal government to go after its perceived political enemies. Earlier this week, the Department of Justice opened an investigation into Federal Reserve Chair Jerome Powell because he refused to cede the Fed’s independence. After U.S. Senator Mark Kelly released a video that didn’t align with the regime’s agenda, Trump’s Department of Defense launched a military investigation targeting the decorated combat veteran. And following the horrific murder of Charlie Kirk, President Trump quickly exploited the tragedy to crack down on his critics’ free speech, even deploying the FTC to attempt to jawbone ABC into taking Jimmy Kimmel off the air.

“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 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.”

“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 Crow.

“The Constitution is not a buffet line where you take what you like and ignore the rest. It is binding in full, even when it is inconvenient. We cannot defend constitutional rights only when they align with our politics and abandon them when they do not," said Houlahan. "If we allow political retaliation to replace the rule of law, we undermine the very democracy we are sworn to protect. The No Political Enemies Act is about restoring a simple principle: that no one in power gets to use the machinery of government to silence political opposition.”

The No Political Enemies Act’s key provisions include:

1. Clear Statement of Congressional Policy: Would 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).
2. Statutory Defense in Political Targeting Cases: Would 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.
3. Narrow Statutory Bivens Remedy to Deter Targeted Political Retaliation: Would 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.
4. Attorney Fee-shifting to Deter Meritless Politically Motivated Enforcement: Would 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.
5. 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.

“Freedom of speech is the bedrock of American democracy and as the Trump administration drives America towards authoritarianism, it is more important than ever to affirm the rights of the people to stand up and speak out for what they believe,” said Schumer. “The NOPE Act would protect citizens and organizations from political persecution at a time when Trump uses the Department of Justice and other agencies as attack dogs to target his perceived enemies. Congress must protect the power of the First Amendment and pass this critical legislation.”

“Freedom of speech is sacrosanct in America. President Trump’s attempt to control our speech – whether by condemning and threatening Democratic Senators, cancelling Jimmy Kimmel, or setting out of office messages for furloughed employees – is a full on five alarm fire. This President is abusing and politicizing the executive branch because he wants to distract Americans from his failing economy and broken campaign promise to make things more affordable. The NOPE Act reaffirms what we know and will never stop fighting for: our democracy depends on our freedom of speech,” said Alsobrooks.

“President Trump is escalating his campaign to silence dissent and weaponize his office against anyone who disagrees with him. The right to free speech, enshrined in the Constitution, is a bedrock of our democracy. This legislation imposes additional safeguards to protect Americans from politically-motivated prosecutions. It stops Presidential punishment for exercising constitutional rights,” said Blumenthal.

“The Trump administration’s blatant disregard for our Constitution is eroding the bedrock values upon which our country is built. Congress must act to stop this Administration’s assault on people and organizations simply because they don’t agree with their point of view,” said Booker. “This legislation offers a clear roadmap to protect non-profits, faith groups, media outlets, educational institutions, and others from politically motivated harassment and prosecution by the federal government. This isn’t about whether you are on the Right or the Left—every person and every organization has a right to free speech and to express their views without harassment or persecution. We cannot sit by and watch Trump desecrate the Constitution and undermine our fundamental right to free speech, even if the views expressed are unpopular, controversial, or simply disliked by him.”

“The Trump Administration is relentlessly attacking free speech – trying to shut down opposition by throwing the full weight of federal law enforcement against those who dare to challenge them. This politically-motivated weaponization of government clearly violates the First Amendment and demands action from the Congress. This legislation will help provide additional safeguards to protect Americans’ free speech rights from a lawless administration,” said Van Hollen.

“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 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.”

"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 Schiff.

“Over the last year, we’ve seen an escalating crackdown from this Administration on the right of every person to do what they want and say what they think within the bound of our laws and due process,” said Smith. “Today, my colleagues and I reaffirm our commitment to upholding the most American of values: that our speech, our words and our principles are protected.”

“President Trump’s relentless harassment of those who speak out against his Administration’s disastrous agenda is a dangerous move toward authoritarianism and a direct attack on free speech,” said Welch. “Defending First Amendment rights is essential to ensuring that the American people can place their faith and trust in our democratic institutions.”

“Free speech isn’t just a core American value—it’s a foundation for democracy,” said Merkley. “As Trump continues his authoritarian assault on the First Amendment, Congress must defend the rights of all Americans by protecting the freedom and free speech we all hold dearly.”

“Today in America, we face the biggest free speech crisis in modern history. The president is abusing his power to silence people who disagree with him or his billionaire friends, and too many of our wealthiest and most powerful institutions are bending the knee. Congress must change the law to protect the rights of all Americans to speak and be heard,” said Casar.

“Trump campaigned on upholding freedom of speech, but continues to prosecute and harass political dissidents,” said Ocasio-Cortez. “The No Political Enemies (NOPE) Act will protect individuals, organizations, journalists, educators and educational institutions from harassment and prosecution by the federal government. We should not need legislation to protect one’s constitutional right to free speech, but we will never stop working to protect the American people from oligarchs and fascists.”

“The Trump Administration is scaring people into silence. Ridiculing reporters and blocking them from the White House, suing and extorting settlements from the media, threatening ABC over Jimmy Kimmel, taking funding from nonprofits, and intimidating businesses who cave to their demands. In America, we don’t bow to kings,” said Frost.

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."

For full bill text, click here. For a one-pager of the bill, click here.