I 

111TH CONGRESS 

2D SESSION H. R. 5365 

To limit the relief available to persons who have been unconstitutionally 

prohibited from protesting at military and other funerals. 

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. 

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 referred to as the ‘‘Sons and Daugh5 ters of America Act’’. 


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1 SEC. 2. LIMITATIONS ON LIABILITY TO FUNERAL 

2 PROTESTORS UNDER THE REVISED STAT3 UTES. 

4 (a) RELIEF IN CIVIL ACTION.—Section 1979 of the 

5 Revised Statutes of the United States (42 U.S.C. 1983) 

6 is amended— 

7 (1) by inserting ‘‘(a)’’ before the first sentence; 

8 and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(b) The party injured shall not be granted any relief 

12 other than injunctive or declaratory relief in a proceeding 

13 for redress under subsection (a) for an injury referred to 

14 in this subsection. The injury referred to in this subsection 

15 is a deprivation of the right to freedom of speech secured 

16 by the Constitution, if the deprivation is under authority 

17 of a statute, ordinance, regulation, custom, or usage that 

18 prohibits or restricts picketing, protesting, or demonstra19 tion at or in proximity to a funeral or any other ceremony, 

20 procession, or memorial service held in connection with the 

21 burial or cremation of the dead.’’. 

22 (b) ATTORNEY’S FEE.—Section 722(b) of the Re23 vised Statutes of the United States (42 U.S.C. 1988(b)) 

24 is amended— 

25 (1) by inserting an em dash after ‘‘except 

26 that’’; 


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1 (2) by designating the matter beginning with 

2 ‘‘in any action brought against a judicial officer’’ 

3 and all that follows as a new paragraph (1); 

4 (3) in paragraph (1) (as designated by para5 graph (2) of this subsection), by striking the period 

6 at the end and inserting ‘‘; and’’; and 

7 (4) by adding after such paragraph the fol8 lowing new paragraph: 

9 ‘‘(2) an attorney’s fee shall not be awarded in 

10 an action or proceeding to which section 1979(b) ap11 plies.’’. 

12 SEC. 3. LIMITATIONS ON LIABILITY OF THE UNITED STATES 

13 AND FEDERAL OFFICIALS TO FUNERAL 

14 PROTESTORS. 

15 Notwithstanding any other provision of law, a court 

16 shall not grant any relief other than injunctive or declara17 tory relief, and shall not award fees or expenses of attor18 neys to the prevailing party, on a claim that— 

19 (1) is brought against the United States, a de20 partment or agency of the United States, or an offi21 cial of the United States acting in his or her official 

22 capacity; and 

23 (2) alleges an injury referred to in section 

24 1979(b) of the Revised Statutes of the United States 

25 (42 U.S.C. 1983(b)). 


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1 SEC. 4. EFFECTIVE DATE. 

2 This Act and the amendments made by this Act shall 

3 apply to any case that— 

4 (1) is pending on the date of enactment of this 

5 Act; or 

6 (2) commences on or after the date of enact7 ment of this Act. 

Æ 


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