I 

116TH CONGRESS 

2D SESSION H. R. 7742 

To require the Attorney General to report on potential violations of Bill 

of Rights during the COVID-19 pandemic, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 23, 2020 

Mr. DAVIDSON of Ohio (for himself and Mr. BUDD) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

To require the Attorney General to report on potential violations of Bill of Rights during the COVID-19 pandemic, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Defending Freedom 

5 Act of 2020’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 

8 (1) The United States of America was founded 

9 to secure individual liberties and its powers are de10 rived from the consent of the governed. 


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1 (2) In the reaction to the COVID-19 outbreak, 

2 many government officials have used the state of 

3 emergency to unjustly, and often undemocratically, 

4 limit the liberty of their citizens. 

5 (3) Article IV section 4 of the United States 

6 Constitution guarantees the American people a re7 publican form of government and the prolonged use 

8 of executive decrees without legislative authorization 

9 will constitute a breach of that guarantee. 

10 (4) The due process clause of the Fourteenth 

11 Amendment prohibits any State from violating the 

12 Bill of Rights. 

13 (5) The First Amendment establishes protec14 tions for the free exercise of religion, the right to as15 semble, and freedom of speech. 

16 (6) Numerous local governments around the 

17 country have restricted the free exercise of religion 

18 by mandating closures of church buildings and drive19 in church services. 

20 (7) Certain government officials have restricted 

21 the right of individuals to assemble in public places 

22 and government buildings. 

23 (8) On April 6, in the Commonwealth of Puerto 

24 Rico, Governor Wanda Va ́zquez signed an Executive 

25 order making it illegal for media outlets or social 


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1 media accounts ‘‘to transmit or allow the trans2 mission’’ of ‘‘false information’’ relating to govern3 ment proclamations or Executive orders concerning 

4 COVID-19 or other disasters. 

5 (9) The Second Amendment establishes that the 

6 right of the people to keep and bear arms, shall not 

7 be infringed. 

8 (10) States demanded the closure of federally 

9 licensed firearms dealers, stripping citizens of Sec10 ond Amendment rights without due process. 

11 (11) Local governments are considering access12 ing Bluetooth and GPS cellular device data, which 

13 compromises the American right to privacy and the 

14 sanctity of our homes. This is possible because all 

15 bank accounts, new vehicles, and FCC regulated de16 vices have embedded government surveillance. The 

17 government is ever-present, in violation of the Third 

18 Amendment. 

19 (12) The Fourth Amendment guarantees the 

20 right of the people to be secure in their persons, 

21 houses, papers, and effects, against unreasonable 

22 searches and seizures. 

23 (13) Numerous State governors have issued or24 ders to stop and search vehicles based on an AmeriVerDate Sep 11 2014 22:57 Aug 07, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7742.IH H7742

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1 can’s State of residence, rather than the probable 

2 cause standard required by the Fourth Amendment. 

3 (14) Private-sector telecommunications compa4 nies have the capability to track the location of 

5 American citizens and share that information with 

6 government officials without a warrant issued upon 

7 probable cause of a crime. 

8 (15) The Fifth Amendment ensures that Ameri9 cans will not be deprived of life, liberty, or property, 

10 without due process of law. 

11 (16) Forty-two states have issued stay-at-home 

12 orders or lockdowns which have deprived Americans 

13 of their economic liberty without due process. 

14 (17) Forcibly shutting down businesses denies 

15 business owners the economically viable use of their 

16 property and therefore constitutes a ‘‘taking’’ under 

17 the Fifth and Fourteenth Amendments. 

18 (18) The Sixth amendment protects our right 

19 to a speedy and public trial. 

20 (19) On March 21, 2020, it was reported that 

21 the Department of Justice requested the ability to 

22 pause court proceedings ‘‘whenever the district court 

23 is fully or partially closed by virtue of any natural 

24 disaster, civil disobedience, or other emergency situa25 tion.’’, thereby preventing speedy trials. 


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1 SEC. 3. ATTORNEY GENERAL REPORT. 

2 The Attorney General shall review the actions of Fed3 eral, State, and local government officials taken during the 

4 COVID-19 pandemic which may violate the Bill of Rights. 

5 One year after the enactment of this Act, the Attorney 

6 General shall report to Congress on the Department of 

7 Justice’s efforts to document, remedy, and prosecute in8 fringements of the Bill of Rights. If the Attorney General 

9 finds a violation of the Bill of Rights and does not pros10 ecute that violation, then he shall include an explanation 

11 of that decision. The Attorney General shall refer cases 

12 outside of his jurisdiction to the appropriate prosecutorial 

13 body. 

Æ 


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