I 
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 Representa-
tives 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 fol-
lowing: 
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‘‘(B) RELIEF.—A court may award as re-
lief 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 pre-
vailing 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 li-
ability 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 sup-
pressing covered speech related to a matter of 
legitimate public concern. 
‘‘§ 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 pre-
scribe and modify such rules as may be appropriate to cre-
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ate 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 declara-
tory judgment regarding whether the relevant conduct 
constitutes, prima facie, covered speech. Upon such a de-
termination 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. 
‘‘§ 4203. No preemption 
‘‘Nothing in this chapter may be construed to pre-
empt any State law that— 
‘‘(1) provides for an expedited review or proce-
dure for dismissal of suits designed to suppress free 
speech; or 
‘‘(2) requires greater intent than negligence for 
a successful defamation claim regarding natural per-
sons who are not public figures. 
‘‘§ 4204. Definitions 
‘‘In this chapter: 
‘‘(1) SPEECH.—The term ‘speech’ means— 
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‘‘(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 audi-
ence to convey that particular idea. 
‘‘(2) COVERED
SPEECH.—The term ‘covered 
speech’ means speech, in or affecting interstate com-
merce, 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 other-
wise 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. 
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‘‘(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 fol-
lowing: 
‘‘182 Covered speech ........................................................................ 4201’’. 
Æ 
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