U.S. Congress - H.R.985 Free Flow of Information Act of 2009
H.R.985 - Free Flow of Information Act of 2009
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. view all titles (4)
All Bill Titles
- Official: 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. as introduced.
- Short: Free Flow of Information Act of 2009 as introduced.
- Short: Free Flow of Information Act of 2009 as reported to house.
- Short: Free Flow of Information Act of 2009 as passed house.
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Committees
Official Summary
2/11/2009--Passed House without amendment. (This measure has not been amended since it was introduced. The summary of that version is repeated here.) Free Flow of Information Act of 2009 - Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrOfficial Summary
2/11/2009--Passed House without amendment. (This measure has not been amended since it was introduced. The summary of that version is repeated here.) Free Flow of Information Act of 2009 - Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency of the federal government), in any matter arising under federal law, from compelling a covered person to testify or produce any document unless a court makes specified determinations by a preponderance of the evidence, including determinations:(1) relating to exhaustion of alternative sources,
(2) that the testimony or document sought is critical;
(3) that disclosure of the information source's identity is necessary; and
(4) that the public interest in compelling disclosure of the information or document involved outweighs the public interest in gathering or disseminating news or information. Allows a court, in making the last of those determinations, to consider the extent of any harm to national security. Defines "covered person" as a person who regularly gathers, photographs, records, writes, edits, reports, or publishes information concerning matters of public interest for dissemination to the public for a substantial portion of the person's livelihood or substantial financial gain, including a supervisor, employer, parent, subsidiary, or affiliate of such a person. Excludes from that definition foreign powers and their agents and certain terrorist organizations and individuals. Requires the content of compelled testimony or documents to be limited and narrowly tailored. Prohibits construing this Act as applying to civil defamation, slander, or libel claims or defenses under state law. Exempts certain criminal or tortious conduct. Applies this Act to communications service providers with regard to testimony or any record, information, or other communication that relates to a business transaction between such providers and covered persons. 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.
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Organizations Supporting H.R.985
- Sierra Club
- Public Citizen
- Union of Concerned Scientists
- National Consumers League
- Defenders of Wildlife
- National Whistleblower Center
- ...and 34 more. See all.
Organizations Opposing H.R.985
- None via MapLight at this time.
Recent News Coverage
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Language of proposed shield law would extend protection to student journalists
According to the amended text of HR 985, a covered person is, "A person with the primary intent to investigate events and procure material in order to ...
Shield becoming the bridesmaid bill
The committee will also consider its companion House version, HR 985, Free Flow of Information Act of 2009. The session is scheduled for Thursday 10/22/09 ...
Shield law for reporters would benefit public
There's a reason why the legislation pending in Congress - HR 985, S 448 - is called the Free Flow of Information Act. It's because protecting the ability ...
Recent Blog Coverage
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Medical Whistleblower: The Whistleblower Protection Enhancement ...
The Whistleblower Protection Enhancement Act (WPEA) H.R. 985 had passed the House of Representatives with a strong bi-partisan majority was fully supported by the whistleblower community and contained true due process rights for all ...
Speaker Pelosi's 2006 Democratic Platform: A Final Call for Action ...
In 2007, the House was successful in passing a whistleblower protection bill, H.R. 985. The Senate, unfortunately, was not. Now the situation is reversed. However, there isn't much time to fulfill your promise from 2006. ...
Speaker Pelosi's 2006 Democratic Platform: A Final Call for Action ...
In 2007, the House was successful in passing a whistleblower protection bill, H.R. 985. The Senate, unfortunately, was not. Now the situation is reversed. However, there isn't much time to fulfill your promise from 2006. ...
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