HR 2304 · 114th Congress 2015–2017, ended

SPEAK FREE Act of 2015

Latest action · Jun 1, 2015 Referred to the Subcommittee on the Constitution and Civil Justice.

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.

  1. IntroducedMay 13, 2015
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Securing Participation, Engagement, and Knowledge Freedom by Reducing Egregious Efforts Act of 2015 or the SPEAK FREE Act of 2015

Amends the federal judicial code to allow a person against whom a lawsuit is asserted to file a special motion to dismiss claims referred to as strategic lawsuits against public participation ("SLAPP suits") that arise from an oral or written statement or other expression, or conduct in furtherance of such expression, by the defendant in connection with an official proceeding or about a matter of public concern.

Defines "matter of public concern" as an issue related to: (1) health or safety; (2) environmental, economic, or community well-being; (3) the government; (4) a public official or public figure; or (5) a good, product, or service in the marketplace.

Requires courts to grant such a special motion to dismiss if the party filing the motion makes a prima facie showing that the claim asserted against them is a SLAPP suit, unless the responding party demonstrates that the claim is likely to succeed on the merits.

Provides exceptions prohibiting courts from granting such a special motion to dismiss if the claim concerns:

  • a government enforcement action,
  • a business making representations of fact in commercial speech to consumers about its own or a business competitor's goods or services, or
  • a public interest claim on behalf of the general public.

Allows dismissal of private suits, notwithstanding such commercial speech and public interest exceptions, if the claim is against:

  • a person or entity engaged in activities to disseminate or express ideas to the public in a book or academic journal;
  • any person or entity based upon statements or conduct concerning the creation, dissemination, exhibition, advertisement, or other promotion of journalistic, consumer commentary, dramatic, literary, musical, political, or artistic works, including motion pictures, television programs, or articles published online or in a newspaper or magazine of general circulation; or
  • a nonprofit organization that receives more than 50% of annual revenue grants or awards from, programs of, or reimbursements for services rendered to the government.

Sets forth special procedural requirements for discovery and motions.

Requires courts to award litigation costs, expert witness fees, and reasonable attorney's fees to private parties that filed and prevailed on certain motions under this Act or to parties that responded to motions found to be frivolous.

Cosponsors 32

Members who signed on, in the order they did. Signatures ran from May 13, 2015 to Apr 14, 2016; 4 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-CAAnna G. EshooOriginalMay 13, 2015
R-CADarrell IssaOriginalMay 13, 2015
D-COJared PolisOriginalMay 13, 2015
R-AZTrent FranksOriginalMay 13, 2015
R-PATom MarinoMay 19, 2015
R-VAJ. Randy ForbesMay 21, 2015
D-MAJames P. McGovernJun 10, 2015
D-CAJared HuffmanJun 24, 2015
D-CAScott H. PetersJul 8, 2015
D-CADoris O. MatsuiJul 29, 2015
R-WIF. James Sensenbrenner, Jr.Jul 29, 2015
D-CAJackie SpeierJul 29, 2015
D-CAJanice HahnJul 29, 2015
D-CAJerry McNerneyJul 29, 2015
D-CAJohn GaramendiJul 29, 2015
D-NYJoseph CrowleyJul 29, 2015
D-CAJudy ChuJul 29, 2015
R-TXLamar SmithJul 29, 2015
D-CALinda T. SánchezJul 29, 2015
D-CAMark TakanoJul 29, 2015
D-CAMike ThompsonJul 29, 2015
D-MNRichard M. NolanJul 29, 2015
D-CASam FarrJul 29, 2015
D-NYSteve IsraelJul 29, 2015
D-CAZoe LofgrenJul 29, 2015
R-COKen BuckOct 6, 2015
R-CAMimi WaltersOct 6, 2015
R-MIMike BishopOct 20, 2015
R-TXMichael T. McCaulDec 16, 2015
D-CAMichael M. HondaJan 12, 2016
R-UTJason ChaffetzFeb 25, 2016
R-VADave BratApr 14, 2016

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred May 13, 2015
Constitution and Limited Government Subcommittee
Referred Jun 1, 2015

Actions 3

Everything that happened, newest first.

  1. Jun 1, 2015Referred to the Subcommittee on the Constitution and Civil Justice.
  2. May 13, 2015Introduced in House
  3. May 13, 2015Referred to the House Committee on the Judiciary.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: The First Amendment to the Constitution of the United States

The sponsor’s statement, as printed in the Congressional Record, vol. 161, no. 73, May 13, 2015, page H2959.

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 114-82EXAMINING H.R. 2304, THE "SPEAK FREE ACT"134 pagesJudiciary CommitteeJun 22, 2016

Titles 3

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend title 28, United States Code, to create a special motion to dismiss strategic lawsuits against public participation (SLAPP suits).
Short Titles as Introduced
SPEAK FREE Act of 2015
Securing Participation, Engagement, and Knowledge Freedom by Reducing Egregious Efforts Act of 2015

Subjects

Assigned by the Library of Congress. Policy area: Law.

Text 1

Each version as it was printed, newest first.

  1. May 13, 2015Introduced in House

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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; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.