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 uncon-
stitutionally prohibited from protesting at military and 
other funerals. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be referred to as the ‘‘Sons and Daugh-
ters of America Act’’. 
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SEC. 
2. 
LIMITATIONS 
ON 
LIABILITY 
TO 
FUNERAL 
PROTESTORS UNDER THE REVISED STAT-
UTES. 
(a) RELIEF IN CIVIL ACTION.—Section 1979 of the 
Revised Statutes of the United States (42 U.S.C. 1983) 
is amended— 
(1) by inserting ‘‘(a)’’ before the first sentence; 
and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) The party injured shall not be granted any relief 
other than injunctive or declaratory relief in a proceeding 
for redress under subsection (a) for an injury referred to 
in this subsection. The injury referred to in this subsection 
is a deprivation of the right to freedom of speech secured 
by the Constitution, if the deprivation is under authority 
of a statute, ordinance, regulation, custom, or usage that 
prohibits or restricts picketing, protesting, or demonstra-
tion at or in proximity to a funeral or any other ceremony, 
procession, or memorial service held in connection with the 
burial or cremation of the dead.’’. 
(b) ATTORNEY’S FEE.—Section 722(b) of the Re-
vised Statutes of the United States (42 U.S.C. 1988(b)) 
is amended— 
(1) by inserting an em dash after ‘‘except 
that’’; 
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(2) by designating the matter beginning with 
‘‘in any action brought against a judicial officer’’ 
and all that follows as a new paragraph (1); 
(3) in paragraph (1) (as designated by para-
graph (2) of this subsection), by striking the period 
at the end and inserting ‘‘; and’’; and 
(4) by adding after such paragraph the fol-
lowing new paragraph: 
‘‘(2) an attorney’s fee shall not be awarded in 
an action or proceeding to which section 1979(b) ap-
plies.’’. 
SEC. 3. LIMITATIONS ON LIABILITY OF THE UNITED STATES 
AND 
FEDERAL 
OFFICIALS 
TO 
FUNERAL 
PROTESTORS. 
Notwithstanding any other provision of law, a court 
shall not grant any relief other than injunctive or declara-
tory relief, and shall not award fees or expenses of attor-
neys to the prevailing party, on a claim that— 
(1) is brought against the United States, a de-
partment or agency of the United States, or an offi-
cial of the United States acting in his or her official 
capacity; and 
(2) alleges an injury referred to in section 
1979(b) of the Revised Statutes of the United States 
(42 U.S.C. 1983(b)). 
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