FREEDOM OF CONSCIENCE PROTECTION ACT
A BILL To prohibit coercion in matters of religious or secular belief, to prohibit incitement to violence in matters of belief, and for other purposes.
INTRODUCTORY STATEMENT.
In recent years, the United States has witnessed a troubling rise in forms of extremism—religious and ideological—that reject the foundational principles of individual liberty, equal protection under the law, and freedom of conscience guaranteed by the Constitution. While the free exercise of religion and freedom of expression are essential rights, no belief system may lawfully compel adherence through force, threats, or abuse of authority, nor may any person intentionally incite imminent violence against others based on belief or non-belief. Such conduct is incompatible with a constitutional order rooted in the rule of law and the inherent dignity of every person. Accordingly, Congress and the several States have a compelling interest in enacting clear, narrowly tailored protections to safeguard individuals from coercion and unlawful incitement, while preserving the full scope of constitutionally protected expression. This Freedom of Conscience Act establishes those protections.
SECTION 1. SHORT TITLE. This Act may be cited as the “Freedom of Conscience Protection Act.”
SECTION 2. FINDINGS AND PURPOSE.
(a) Findings. Congress finds that:
Freedom of thought, conscience, and belief is a fundamental human right protected under the Constitution of the United States.
Coercion in matters of belief undermines individual liberty and democratic principles.
The intentional incitement of imminent violence against individuals based on belief or non-belief is incompatible with public safety and the rule of law.
(b) Purpose. The purpose of this Act is to:
Prohibit coercion intended to compel any person to accept, renounce, or adhere to any religious or secular belief;
Prohibit the intentional incitement of imminent lawless violence in matters of belief; and
Provide clear legal remedies and penalties for violations consistent with constitutional protections of free speech and free exercise of religion.
SECTION 3. DEFINITIONS.
For purposes of this Act:
“Coercion” means the use of force, true threats, intimidation, or abuse of legal authority or custodial power, with the intent to compel a person to act against their will. Coercion does not include persuasion, proselytization, or advocacy absent true threats, unlawful conduct, or abuse of authority.
“Belief” means any religious, spiritual, philosophical, ideological, or secular conviction or system of thought.
“Person” means any individual, organization, association, or entity.
“True threat” means a serious expression of an intent to commit unlawful violence against a particular individual or group.
“Incitement” means advocacy directed to inciting or producing imminent lawless action and likely to incite or produce such action.
SECTION 4. PROHIBITION ON COERCION AND INCITEMENT IN MATTERS OF BELIEF.
(a) Coercion Prohibited. It shall be unlawful for any person to knowingly use coercion to compel another person to:
Accept or adopt any religious or secular belief;
Renounce or abandon any religious or secular belief; or
Participate in or refrain from participating in any religious or belief-based practice.
(b) Scope. This prohibition applies in all contexts, including but not limited to employment, education, housing, access to public services, family or custodial relationships, and detention or institutional settings.
(c) Incitement to Violence Prohibited. It shall be unlawful for any person to knowingly and intentionally engage in incitement, as defined in Section 3(5), where such incitement:
Is directed against any individual or group based on their actual or perceived religious or secular beliefs, non-belief, or change in belief; and
Occurs under circumstances in which imminent lawless action is likely to result.
(d) Contextual Considerations. In determining whether conduct constitutes incitement under this section, a court may consider whether the speaker exercised actual authority, influence, or control over the audience such that the likelihood of imminent lawless action was materially increased.
(e) Rule of Construction (Constitutional Safeguards). This section shall be interpreted consistent with the First Amendment to the Constitution of the United States. Accordingly:
Mere abstract advocacy, theological doctrine, historical discussion, or expression of belief, without the elements of incitement as defined in this Act, shall not constitute a violation;
No person shall be held liable under this Act absent proof of intent, imminence, and likelihood of lawless action;
This Act shall be narrowly construed to avoid chilling constitutionally protected speech or religious exercise.
SECTION 5. EXCEPTIONS.
Nothing in this Act shall be construed to:
Prohibit the peaceful expression, teaching, or advocacy of any belief, where such expression does not constitute coercion or incitement as defined herein;
Limit the rights of parents or legal guardians to guide the upbringing of minors, provided such guidance does not involve coercion or unlawful conduct;
Restrict lawful, neutrally applied institutional policies that do not target belief or conscience.
SECTION 6. ENFORCEMENT AND PENALTIES.
(a) Civil Liability. Any person who violates Section 4(a) or 4(c) shall be liable to the injured party for:
Actual damages;
Statutory damages not less than $10,000 per violation; and
Reasonable attorney’s fees and costs.
(b) Criminal Penalties. Any person who willfully violates Section 4(a) or 4(c) shall:
Be fined under applicable law;
Be imprisoned for not more than 10 years; or
Both.
(c) Enhanced Penalties. If a violation of Section 4(c):
Results in bodily injury, the offender shall be imprisoned for not more than 20 years;
Results in death, the offender may be imprisoned for any term of years or for life.
(d) Aggravating Factors. In determining penalties, courts shall consider whether the offense involved:
Abuse of a position of authority or trust;
Targeting of vulnerable individuals, including minors, the elderly, or persons with disabilities;
A pattern or practice of conduct.
SECTION 7. PRIVATE RIGHT OF ACTION.
Any individual subjected to a violation of this Act may bring a civil action in a court of competent jurisdiction for relief as provided herein.
SECTION 8. SEVERABILITY.
If any provision of this Act, or the application thereof, is held invalid, the remainder of the Act shall not be affected.
SECTION 9. EFFECTIVE DATE.
This Act shall take effect 180 days after enactment.
Source: FREEDOM OF CONSCIENCE PROTECTION ACT
