I 

109TH CONGRESS 

2D SESSION H. R. 4776 

To amend title 28, United States Code, with respect to the jurisdiction 

of Federal courts over certain cases and controversies involving the 

content of speech occurring during sessions of State legislative bodies, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2006 

Mr. SODREL (for himself, Mr. BURTON of Indiana, Mr. BUYER, Mr. 

HOSTETTLER, Mr. SOUDER, Mr. PENCE, Mr. MCHENRY, Mr. BARRETT

of South Carolina, Mr. KING of Iowa, Mr. GOODE, Mr. WELDON of Florida, Mr. FEENEY, Mr. GARRETT of New Jersey, Mr. ISSA, Mr. JINDAL, 

Mr. KUHL of New York, Mr. AKIN, Mrs. MYRICK, Mr. SHADEGG, Mrs. 

MUSGRAVE, Mr. PITTS, Mr. POE, Mr. CULBERSON, Mr. HENSARLING, 

Ms. FOXX, Mr. CONAWAY, Mr. GOHMERT, Mr. COLE of Oklahoma, Mr. 

HAYWORTH, Mr. FORTENBERRY, Mrs. SCHMIDT, Mrs. DRAKE, Mr. 

LEWIS of Kentucky, and Mr. PAUL) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

To amend title 28, United States Code, with respect to 

the jurisdiction of Federal courts over certain cases and 

controversies involving the content of speech occurring 

during sessions of State legislative bodies, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. LIMITATION ON JURISDICTION. 

2 (a) IN GENERAL.—Chapter 99 of title 28, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 1632. Limitation on jurisdiction 

6 ‘‘No court created by Act of Congress shall have any 

7 jurisdiction, and the Supreme Court shall have no appel8 late jurisdiction, to hear or decide any question pertaining 

9 to the interpretation or the validity, under the Constitu10 tion, of the content of speech of any member of a State 

11 legislative body or any individual invited by a State legisla12 tive body to speak before that body, when such speech oc13 curs during the legislative session of that body.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of chapter 99 of title 28, United States 

16 Code, is amended by adding at the end the following new 

17 item: 

‘‘1632. Limitation on jurisdiction.’’. 

18 SEC. 2. QUALIFIED IMMUNITY. 

19 Any person who is a member of a State legislative 

20 body, or who is invited by a State legislative body to speak 

21 before that body, other than as a witness, shall be immune 

22 from suit in any Federal court, and shall not be held liable 

23 under any law of the United States, on account of the 

24 content of speech occurring during the legislative session 


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1 of that body, unless such speech constitutes treason, 

2 breach of peace, or an admission of guilt of a crime. 

3 SEC. 3. USE OF FEDERAL FUNDS. 

4 No Federal funds shall be used for the purpose of 

5 enforcing any court order relating to the content of speech 

6 occurring during the legislative session of a State legisla7 tive body, unless such speech constitutes treason, breach 

8 of peace, or an admission of guilt of a crime. 

9 SEC. 4. PROHIBITION OF FINES. 

10 No Federal court shall impose a fine on any State, 

11 State legislative body, member of a State legislative body, 

12 or individual invited by a State legislative body to speak 

13 before that body, other than as a witness, on account of 

14 the content of speech occurring during the legislative ses15 sion of that body, unless such speech constitutes treason, 

16 breach of peace, or an admission of guilt of a crime. 

17 SEC. 5. LIMITATION ON STATUTORY CONSTRUCTION. 

18 No provision of this Act, including any amendment 

19 made by this Act, shall be construed— 

20 (1) to supersede any State law or any rule of 

21 a State legislative body; or 

22 (2) to limit the protections provided by any 

23 other provision of this Act. 


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1 SEC. 6. SEVERABILITY. 

2 If any provision of this Act (including any amend3 ment made by this Act), or any application thereof, is 

4 found unconstitutional, that finding shall not affect any 

5 provision or application of the Act not so adjudicated. 

Æ 


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