S. 3493 · 112th Congress
Free Press Act of 2012
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Never voted on. It didn't reach a floor vote before the 112th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
R
KylSponsorNo cosponsors.
Free Press Act of 2012 - Amends the federal judicial code to authorize a representative of the news media to file a special motion to dismiss any claim asserted against such representative in a civil action if the claim arises from an oral or written statement or other expression that is on a matter of public concern or that relates to a public official or…
What it does: CRS summary · Introduced in Senate · Aug 2, 2012
Free Press Act of 2012 - Amends the federal judicial code to authorize a representative of the news media to file a special motion to dismiss any claim asserted against such representative in a civil action if the claim arises from an oral or written statement or other expression that is on a matter of public concern or that relates to a public official or figure (thereby establishing a judicial procedure to seek dismissal of what are commonly referred to as "Strategic Lawsuits Against Public Participation" [SLAPPs]).
Places the burden on the party asserting the claim, after such a motion is properly brought, to prove the claim is legally sufficient and supported by facts sufficient to sustain a favorable judgment. Requires the dismissal with prejudice of any such claim challenged with a motion to dismiss for which the party asserting the claim fails to meet that burden.
Prohibits such a special motion to dismiss from being filed against a claim: (1) brought by the federal government or a state attorney general, or (2) arising out of a statement offering or promoting the sale of the goods or services of the person making the statement.
Authorizes a person whose personally identifying information is sought in connection with a claim that arises in whole or in part from an oral or written statement or other expression that is on a matter of public concern or that relates to a public official or figure, or a person from whom such information is sought in connection with such a claim, to file a special motion to quash the request or order to produce the information. Places a similar burden of proof on the party making the request for such information, after a special motion to quash is properly brought, to show that the claim is legally sufficient and supported by appropriate evidence.
Permits a civil action in a state court that raises a claim arising out of speech on public issues to be removed to federal court by a party who seeks to file a special motion to dismiss asserting a colorable defense based on the Constitution or laws of the United States. Allows the removal of a state court proceeding to federal court by a party who seeks to file a special motion to quash, but only with respect to the proceeding to quash the request for personally identifying information and not the remainder of the civil action.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Free Press Act of 2012
Latest action (Aug 2, 2012): Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S5984-5985)
Policy area: Law · Origin: Senate · Introduced: Aug 2, 2012
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.