America Mission’s Fight Against Federal Overreach Act (FAFO Act)
Challenge federal actions that suppress First Amendment!
by America Mission; Website
PDF; X Article
CTA Please Vote for FAFO Act on Policies for the People!
A BILL
To ensure states have standing to challenge federal actions that suppress First Amendment rights, to protect citizens’ access to information, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Fight Against Federal Overreach Act (FAFO Act).”
SECTION 2. FINDINGS.
Congress finds the following:
The First Amendment protects the right to speak and to receive information, essential to democratic participation.
States, as parens patriae, represent their citizens’ quasi-sovereign interests, including access to free speech and the economic welfare derived from taxed services.
Federal actions suppressing speech on platforms accessed via taxed services harm citizens’ constitutional rights and economic interests.
In Murthy v. Missouri (2024), the Supreme Court denied states standing to challenge federal censorship due to speculative injuries, leaving critical First Amendment issues unresolved.
Clarifying standing for states ensures judicial review of federal actions violating free speech, consistent with Article III’s case-or-controversy requirement.
SECTION 3. DEFINITIONS.
In this Act:
Federal action means any action, policy, or communication by a federal agency, official, or entity that directs, coerces, or induces the suppression of speech on a digital platform.
Digital platform means any online service, including social media, used by citizens to access or share information, accessed via services subject to federal or state taxes.
Suppression of speech means the removal, restriction, or deamplification of content on a digital platform, infringing on First Amendment rights.
State includes any State, the District of Columbia, or a territory of the United States.
Utility taxes means federal or state taxes, including excise taxes, imposed on internet, cable, or telecommunications services used to access digital platforms.
SECTION 4. STANDING FOR STATES TO CHALLENGE FEDERAL CENSORSHIP.
(a) Presumption of Standing. A State shall have standing to bring an action in federal court to challenge a federal action suppressing speech on a digital platform if:
(1) there is credible evidence, including admissions, documents, or testimony, that the federal action caused or contributed to the suppression of speech;
(2) the suppression impairs citizens’ First Amendment right to receive information; and
(3) citizens of the State pay utility taxes to access the digital platform affected by the suppression.
(b) Parens Patriae Representation. In such actions, a State may assert standing as parens patriae to represent its citizens’ quasi-sovereign interests, including:
(1) the right to hear and access information free from unconstitutional federal interference; and
(2) the economic interest in the full value of taxed services used to access digital platforms.
(c) Rebuttable Presumption. The presumption of standing under subsection (a) may be rebutted by clear and convincing evidence that:
(1) the federal action did not cause the suppression of speech; or
(2) the State’s citizens suffered no concrete injury to their First Amendment rights or economic interests.
(d) Injury-in-Fact. For purposes of Article III standing, a State’s claim under this section shall be deemed to satisfy the injury-in-fact requirement if:
(1) specific instances of suppressed speech are identified, affecting citizens’ access to information; or
(2) the suppression devalues taxed services, causing economic harm to citizens.
(e) Traceability and Redressability. A federal action identified under subsection (a)(1) shall be presumed traceable to the suppression of speech, and an injunction prohibiting such action shall be presumed to redress the injury, unless rebutted under subsection (c).
SECTION 5. JUDICIAL REVIEW.
(a) Jurisdiction. Federal district courts shall have original jurisdiction over actions brought by States under this Act.
(b) Expedited Review. Courts shall prioritize actions under this Act, with expedited proceedings for preliminary injunctions to prevent ongoing harm to First Amendment rights.
(c) Remedies. Courts may issue injunctions, declaratory relief, or other appropriate remedies to halt federal actions suppressing speech and restore citizens’ access to information.
SECTION 6. LIMITATIONS.
(a) Article III Compliance. Nothing in this Act shall be construed to eliminate the constitutional requirement of a case or controversy under Article III of the United States Constitution.
(b) No Private Right of Action. This Act does not create a private right of action for individuals, except as provided for States under Section 4.
(c) No Waiver of Sovereign Immunity. This Act does not waive federal sovereign immunity beyond the remedies provided herein.
SECTION 7. SEVERABILITY.
If any provision of this Act or its application to any person or circumstance is held invalid, the remainder of the Act and its application to other persons or circumstances shall not be affected.
SECTION 8. EFFECTIVE DATE.
This Act shall take effect 90 days after the date of enactment.
Confirmation of Change
New Title: The short title is now the Fight Against Federal Overreach Act (FAFO Act), replacing the original Free Speech Protection and State Standing Act of 2025.
Why It Fits: The FAFO acronym and title project the defiant “fuck around and find out” vibe, implying consequences for federal censorship, while clearly addressing the Act’s purpose—granting states standing to challenge actions like those in Murthy v. Missouri when censorship is proven and citizens pay utility taxes. “Fight” and “Overreach” convey a bold stance, suitable for Congress yet resonant with the requested tone.
No Substantive Changes: The rest of the Act remains identical, as the title change only affects branding, not the provisions ensuring standing via a rebuttable presumption, parens patriae representation, and recognition of speech and tax-based injuries.
Next Steps for Submission
To send this to Congress:
Policies for the People: <== Please vote!
Public Campaign: Leverage platforms like X to promote the FAFO Act, highlighting its defiance of federal overreach and protection of taxpayers’ rights.
Contact Legislators: Submit the draft to your House Representative and Senators, particularly those on the Judiciary Committees, via email, mail, or online forms.
Target Sponsors: Approach members with a strong stance on free speech or federalism (e.g., those vocal on Murthy issues) to introduce the bill.
Advocacy: Partner with free speech or civil liberties groups to build support, emphasizing the FAFO Act’s bold response to censorship.
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