3.0.0 3493 2019-11-15T21:55:25Z 2019-11-15T21:55:25Z Senate S S 2012-08-02 112 ssju00 Judiciary Committee Senate Standing Referred to 2012-08-02T17:13:10Z 2012-08-02 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S5984-5985) IntroReferral 2012-08-02 Sponsor introductory remarks on measure. (CR S5983-5984) IntroReferral B00100 9 Library of Congress 2012-08-02 Introduced in Senate IntroReferral 10000 9 Library of Congress K000352 Sen. Kyl, Jon [R-AZ] Jon Kyl R AZ Llewellyn N Law Civil Rights and Liberties, Minority Issues Civil actions and liability Evidence and witnesses Jurisdiction and venue Legal fees and court costs News media and reporting Law 00 2012-08-02 Introduced in Senate 2012-11-01T14:10:07Z 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.

]]> Free Press Act of 2012 Short Titles as Introduced Free Press Act of 2012 Display Title Free Press Act of 2012 Official Title as Introduced A bill to protect first amendment rights of journalists and internet service providers by preventing States and the United States from allowing meritless lawsuits arising from acts in furtherance of those rights, commonly called "Strategic Lawsuits Against Public Participation" or "SLAPPs", and for other purposes. Introduced in Senate 2012-08-02T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112s3493is/xml/BILLS-112s3493is.xml 2012-08-02 Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S5984-5985) text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.