us-constitution freedom-of-speech civil-rights
How are suits filed against federal officials under the First Amendment if there is no implied or express right of action?
<p>I construe a right of action to be the ability to sue somebody for injunctive and monetary relief.  If there isn't a right of action for the First Amendment like how <em>Bivens</em> provided a right of action for the 4th Amendment, how is anybody able to sue a federal official for violating their first amendment rights?</p>

<p>In <em>Egbert v. Boule</em>, <a href="https://www.supremecourt.gov/opinions/21pdf/21-147_g31h.pdf" rel="nofollow noreferrer">596 U.S. ___</a> (2022), the Supreme Court held that &quot;there is no <em>Bivens</em> action for First Amendment retaliation.&quot; The Court was unanimous on this point.</p>
<p>This means that right now, there is no way to sue for a damages remedy for First Amendment retaliation by federal officials. The majority said that &quot;Congress, not the courts, is better suited to authorize such a damages remedy.&quot;</p>

<p>Bringing suit for injunctive relief is very likely possible and does not require a <em>Bivens</em> remedy, but in the case of a First Amendment violation by a federal government official that is done and over, the First Amendment has become a right without a remedy.</p>
