[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9146 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9146
To amend title 28, United States Code, to set forth the procedure for
actions involving covered speech, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 7, 2022
Mr. Cohen (for himself, Mr. Raskin, Ms. Norton, Ms. Jackson Lee, and
Mr. Carson) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to set forth the procedure for
actions involving covered speech, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Speech Protection Act''.
SEC. 2. SPEECH PROCEEDINGS.
(a) In General.--Part VI of title 28, United States Code, is
amended by inserting after chapter 181 the following:
``CHAPTER 182--COVERED SPEECH
``Sec.
``4201. Treatment of covered speech.
``4202. Rule modification.
``4203. No preemption.
``4204. Definitions.
``Sec. 4201. Treatment of covered speech
``(a) In General.--A natural person may not be held civilly liable
in a court of competent jurisdiction for defamation on the basis of
covered speech, unless--
``(1) such covered speech was known by the natural person
to be false, or the natural person acted negligently with
disregard to the falsity of the covered speech; or
``(2) in the case that the covered speech is related to a
public figure, the covered speech was made with actual malice.
``(b) Liability for Frivolous, Malicious, or Bad Faith Claims.--
``(1) Cause of action.--
``(A) In general.--A natural person may bring a
civil action against an individual or entity that files
a defamation claim described in paragraph (2) against
such natural person in a court of competent
jurisdiction to obtain the relief described in
subparagraph (B).
``(B) Relief.--A court may award as relief to a
plaintiff bringing a civil action under this
paragraph--
``(i) actual damages; or
``(ii) statutory damages of $50,000,
whichever is greater.
``(C) Attorney's fees.--A plaintiff prevailing in a
civil action under this paragraph may be awarded
reasonable attorney's fees.
``(2) Claim described.--A defamation claim described in
this paragraph is a claim--
``(A) for which a court determines that liability
is precluded under subsection (a); and
``(B) that is shown, by a preponderance of the
evidence, to be filed for the purpose of harassing,
intimidating, or otherwise suppressing covered speech
related to a matter of legitimate public concern.
``Sec. 4202. Rule modification
``(a) In General.--Not later than 3 years after the date of
enactment of this chapter, the Supreme Court shall, in accordance with
chapter 131 of title 28, United States Code (commonly known as the
`Rules Enabling Act'), review the Federal Rules of Civil Procedure and
prescribe and modify such rules as may be appropriate to create
expedited procedures for the disposition of claims brought in violation
of section 4201(a).
``(b) Declaratory Judgment.--The rules that are prescribed or
modified in accordance with subsection (a) shall provide that after the
pleadings are filed and before discovery commences, a defendant may
move for a declaratory judgment regarding whether the relevant conduct
constitutes, prima facie, covered speech. Upon such a determination by
a court and a showing by the movant that discovery is unlikely to
reveal any material fact, the court shall proceed to judgment on the
pleadings.
``Sec. 4203. No preemption
``Nothing in this chapter may be construed to preempt any State law
that--
``(1) provides for an expedited review or procedure for
dismissal of suits designed to suppress free speech; or
``(2) requires greater intent than negligence for a
successful defamation claim regarding natural persons who are
not public figures.
``Sec. 4204. Definitions
``In this chapter:
``(1) Speech.--The term `speech' means--
``(A) oral, written, or visual communication or
expressive conduct that is intended to convey a
particular idea; and
``(B) communication or conduct that would be
reasonably understood by the intended audience to
convey that particular idea.
``(2) Covered speech.--The term `covered speech' means
speech, in or affecting interstate commerce, that is--
``(A) understood by the general public to have
artistic, educational, social, political, or scientific
value regarding a legitimate matter of public concern;
``(B) intended for broad consumption; and
``(C) made in a public forum or is otherwise
disseminated to the general public or a large relevant
audience.
``(3) Legitimate public concern.--The term `legitimate
matter of public concern' means a subject that is of interest
to the general public or a large relevant audience, including
any of the following:
``(A) Governmental actions or decisions making,
including legislative activity, judicial proceedings,
or executive conduct or actions.
``(B) Public or official conduct of a public
figure.
``(C) General newsworthiness and current events.
``(D) Public health and safety.
``(4) Public figure.--The term `public figure' means a
person who--
``(A) holds a public office and engages in official
actions that are of interest;
``(B) assumes a role of especial prominence in the
affairs of society;
``(C) occupies a position of persuasive power and
influence; or
``(D) thrusts oneself to the forefront of
particular controversies in order to influence the
resolution of the issues involved.''.
(b) Table of Chapters.--The table of chapters for part VI of title
28, United States Code, is amended by inserting after the item related
to chapter 181 the following:
``182 Covered speech........................................ 4201''.
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