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)
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedAug 2, 2012
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
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.
Cosponsors
Members who signed on, in the order they did.
Actions 3
Everything that happened, newest first.
- Aug 2, 2012Introduced in Senate
- Aug 2, 2012Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S5984-5985)
- Aug 2, 2012Sponsor introductory remarks on measure. (CR S5983-5984)
Subjects
Assigned by the Library of Congress. Policy area: Law.
Text 1
Each version as it was printed, newest first.
- Aug 2, 2012Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.