Expert: Michael Troy - 2/28/2010

Question
Is there a statute of limitations for filing suit for an infringement of first amendment rights?

Thanks

Answer
Hi Adam,

Of course, the Amendment itself says nothing about bringing claims for violation in court or for any limits on such claims.  Most First Amendment Claims brought against State officials are brought under 42 USC § 1983 which prohibits officials from acting under color of law to deprive people of their civil rights.  That law, passed shortly after the Civil War, also has no statute of limitations.  However, 42 USC § 1988 says that where the federal law does not provide a statute of limitations, state law shall apply.

The Supreme Court has held that all section 1983 claims shall be treated as tort claims for the recovery of personal injuries.  Wilson v. Garcia, 471 U.S. 261, (1985).  If the state has various statutes of limitations for different intentional torts, the Supreme Court mandates that the state's general or residual personal injury statute of limitations should apply. Owens v. Okure, 488 U.S. 235 (1989).  Therefore, the statute of limitations can vary depending on the State where it happened.

I hope this helps!
- Mike