I 

110TH CONGRESS 

1ST SESSION H. R. 1613 

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 

MARCH 20, 2007 

Mr. TIAHRT (for himself, Mr. LINDER, Mr. WILSON of South Carolina, Mr. 

PITTS, Mr. ENGLISH of Pennsylvania, Mr. RYAN of Wisconsin, and Mr. 

GARRETT of New Jersey) 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. 

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 ‘‘Sons and Daughters 

5 of America Act’’. 


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1 SEC. 2. LIMITATIONS ON CERTAIN LAWSUITS AGAINST 

2 STATE AND LOCAL OFFICIALS. 

3 (a) CIVIL ACTION FOR DEPRIVATION OF RIGHTS.— 

4 Section 1979 of the Revised Statutes of the United States 

5 (42 U.S.C. 1983) is amended— 

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

7 and 

8 (2) by adding at the end the following: 

9 ‘‘(b) The remedies with respect to a claim under this 

10 section are limited to injunctive and declaratory relief 

11 where the deprivation consists of a violation of the right 

12 to freedom of speech secured by the Constitution, and 

13 such violation is the result of a statute, ordinance, regula14 tion, custom, or usage which prohibits or restricts pick15 eting, protesting, or demonstrating at a funeral or any 

16 other ceremony, procession, or memorial service held in 

17 connection with the burial or cremation of the dead.’’. 

18 (b) ATTORNEYS’ FEES.—Section 722(b) of the Re19 vised Statutes of the United States (42 U.S.C. 1988(b)) 

20 is amended by adding at the end the following: ‘‘However, 

21 no fees shall be awarded under this subsection with re22 spect to a claim described in subsection (b) of section nine23 teen hundred and seventy nine.’’. 


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1 SEC. 3. LIMITATIONS ON CERTAIN LAWSUITS AGAINST THE 

2 UNITED STATES AND FEDERAL OFFICIALS. 

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law, a court shall not award reasonable fees and 

5 expenses of attorneys to the prevailing party on a claim 

6 of injury described in subsection (b) brought against the 

7 United States or any agency or any official of the United 

8 States acting in his or her official capacity in any court 

9 having jurisdiction over such claim, and the remedies with 

10 respect to such a claim shall be limited to injunctive and 

11 declaratory relief. 

12 (b) CLAIMS TO WHICH LIMITATIONS APPLY.—Sub13 section (a) shall apply with respect to any claim of injury 

14 consisting of the violation of the right to freedom of speech 

15 secured by the Constitution, if such violation is the result 

16 of a statute, ordinance, regulation, custom, or usage which 

17 prohibits or restricts picketing, protesting, or dem18 onstrating at a funeral or any other ceremony, procession, 

19 or memorial service held in connection with the burial or 

20 cremation of the dead. 

21 SEC. 4. EFFECTIVE DATE. 

22 This Act and the amendments made by this Act take 

23 effect on the date of the enactment of this Act and shall 

24 apply to any case that— 

25 (1) is pending on such date of enactment; or 


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1 (2) is commenced on or after such date of en2 actment. 

Æ 


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