Free Flow of Information Act of 2007

A bill to maintain the free flow of information to the public by providing conditions for the federally compelled disclosure of information by certain persons connected with the news media.

10/22/2007--Reported to Senate amended. Free Flow of Information Act of 2007 -
(Sec. 2) Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency) from compelling a covered person to testify or produce any document relati more...ng to protected information unless a court makes specified determinations by a preponderance of the evidence, including that all reasonable alternative sources have been exhausted, that the testimony or document sought is essential, and that nondisclosure would be contrary to the public interest, taking into account both the public interest in compelling disclosure and the public interest in gathering news and maintaining the free flow of information. Defines "covered person" as a person engaged in journalism, including their supervisor, employer, parent, subsidiary, or affiliate. Excludes from the definition foreign powers and their agents and certain terrorist organizations and individuals. Defines "protected information" as information or records a covered person obtained as part of engaging in journalism on a promise of confidentiality. Requires the content of compelled testimony or documents to be limited and narrowly tailored.
(Sec. 3) Exempts any information or item obtained as the result of the eyewitness observations of alleged criminal conduct or commitment of alleged criminal or tortious conduct by the covered person.
(Sec. 4) Exempts protected information that is reasonably necessary to stop, prevent, or mitigate a specific case of death, kidnapping, or substantial bodily harm.
(Sec. 5) Exempts any protected information that a federal court has found by a preponderance of the evidence would assist in preventing an act of terrorism, or other significant and articulable harm to national security that would outweigh the public interest in news gathering and maintaining a free flow of information to citizens.
(Sec. 6) Applies this Act to communications service providers with regard to:
(1) a communication to which a covered person is a party;
(2) any document relating to such a communication; or
(3) the contents of such a communication. Sets forth notice requirements. Permits a court to delay notice to a covered person upon determining that such notice would pose a substantial threat to the integrity of a criminal investigation.
(Sec. 7) Declares that this Act does not supersede, dilute, or preclude any law or court decision compelling or not compelling disclosure by a covered person or communications service provider of information identifying a source who provided information without a confidentiality promise made as part of engaging in journalism or records, other information, or contents of a communication obtained without a confidentiality promise.

Sponsor

• Sen. Arlen Specter [R, PA]
• and 13 Co-Sponsors
  • Sen. Barbara Boxer [D, CA]
  • Sen. Hillary Clinton [D, NY]
  • Sen. Christopher Dodd [D, CT]
  • Sen. Elizabeth Dole [R, NC]
  • Sen. Lindsey Graham [R, SC]
  • Sen. Tim Johnson [D, SD]
  • Sen. Amy Klobuchar [D, MN]
  • Sen. Patrick Leahy [D, VT]
  • Sen. Richard Lugar [R, IN]
  • Sen. Patty Murray [D, WA]
  • Sen. Barack Obama [D, IL]
  • Sen. Ken Salazar [D, CO]
  • Sen. Charles Schumer [D, NY]
  close

Committees

• Senate Judiciary

Amendments

This bill has no amendments.

Amendments to S.2035

Number	Status	Purpose

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Bill Status

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Introduced		Voted on by Senate		Voted on by House		Considered By President		Bill Becomes Law
September 10, 2007

Related Bills:

• H.R.2102

Related Issue Areas:

• Law
• Authors and authorship
• Business
• Business records
• 23 more
• Civil liberties
• Communications
• Confidential communications
• Counterterrorism
• Criminal investigation
• Criminal justice
• Criminal procedure
• Discovery (Law)
• Evidence (Law)
• Freedom of the press
• Humanities
• Informers
• Internet
• Journalism
• Journalistic ethics
• Press
• Prosecution
• Reporters and reporting
• Subpoena
• Technology
• Telecommunication
• Terrorism
• Witnesses

In the News

February 01, 2008 ACLU Says NY Times Reporter Subpoena Is Assault On Free Press

... HR 2102, because it provides more meaningful protections for the free flow of information to the public than the Senate companion bill, S. 2035. ...

Source: ACLU (press release), NY
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October 17, 2007 Society of Professional Journalism Leaders Praise House ...

The Society still awaits a full vote on S. 2035, which passed through the Senate Judiciary Committee on Oct. 4. This bill is also known as the Free Flow of ...

Source: CQPolitics.com
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October 16, 2007 SPJ Leaders Praise House Representatives for Passing the Free Flow ...

The Society still awaits a full vote on S. 2035, which passed through the Senate Judiciary Committee on Oct. 4. This bill is also known as the Free Flow of ...

Source: Web Services Journal
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Blog Coverage

May 05, 2008 Federal Media Shield Law Debate Heats Up

S. 2035, The Free Flow of Information Act of 2007 has languished since it was favorably reported to the Senate by the Senate Judiciary Committee on October 4, 2007 [Thomas Resources]. The House passed a related bill, HR 2102, with...

Source: Law Librarian Blog
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May 05, 2008 Media Shield, A Weapon against Business

Last week, Politico carried a thorough update story on the pending legislation in the Senate, S. 2035. The White House is resisting the legislation, arguing that it may protect bogus journalists and Internet provocateurs who disseminate ...

Source: New portal: economy the best weblog agregator...
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May 05, 2008 Media Shield, A Weapon against Business

Last week, Politico carried a thorough update story on the pending legislation in the Senate, S. 2035. The White House is resisting the legislation, arguing that it may protect bogus journalists and Internet provocateurs who disseminate ...

Source: shopfloor.org: The Manufacturers Blog
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