A Republican Senator is putting forward legislation later this week to protect the free speech rights of first responders, who have come under professional pressure in recent years to self-censor controversial views related to politics or their workplaces.
Senator Eric Schmitt (R., Mo.) will be introducing the Public Safety Free Speech Act to ensure first responders are able to voice their opinions about workplace matters and their political and religious views, National Review has learned.
“For too long the First Amendment rights of our dedicated first responders have been restricted on the basis of their job. First responders have faced penalties, suspensions, or even been fired for voicing their opinions or being politically active even when they are off duty,” Schmitt said in a statement to NR.
He is bringing the legislation “to protect our first responders’ right to speak publicly about job-related issues without worry of repercussions.”
The Public Safety Free Speech Act applies to law enforcement officers, firefighters, and emergency medics. Employers listed in the bill include law enforcement agencies, fire districts, medical agencies, and various types of municipalities.
Under the Public Safety Free Speech Act, employees would be protected from termination for voicing their concerns about a variety of workplace issues such as compensation or benefits, scheduling and working conditions, and employer policies. Employees could bring legal action if they believe their First Amendment rights were violated, with the possibility of winning damages and other forms of relief.
Their political and religious viewpoints would similarly be covered by Schmitt’s legislation, ensuring municipalities cannot engage in “cancel culture” against first responders. There have been numerous instances of law enforcement officers pursuing legal action after being fired for expressing right-wing views online or conducting other political activities.
In some cases, like those of police officers who were fired over racist posts or their attendance at the Capitol riot, departments can make the argument that the officers’ speech or conduct eroded public trust and made it more difficult for the officer to engage with the public and do his job.
The Public Safety Free Speech Act does have guardrails including threats of violence, advocacy for discrimination, disclosing confidential information, and pushing for the diminishment of vital services.
A first term Senator, Schmitt is a leading proponent of free speech online and played a leading role in the Murthy v. Missouri litigation as Missouri Attorney General. The Supreme Court threw out the landmark online censorship case last year over lack of standing, without ruling on the merits of whether government agencies could pressure platforms into suppressing speech.
Schmitt continues to voice opposition to social media censorship at the behest of the federal government, especially under the guise of “misinformation” or “disinformation.” Conservatives were routinely censored on Twitter before billionaire Elon Musk bought the platform and rebranded it X, as shown in the “Twitter Files” documents. The Murthy v. Missouri litigation and congressional investigations also brought to light censorship practices at Meta and other platforms that targeted Republican and conservative viewpoints.