Title: Free Speech Protection Act
Policy area: Law

Summary:
Free Speech Protection Act
This bill allows a natural person to bring a civil action against a person or entity that files a defamation claim against that natural person if (1) a court determines that liability is precluded for such defamation claim; and (2) the defamation claim is shown to be filed for the purpose of harassment, intimidation, or otherwise suppressing certain speech related to a matter of legitimate public concern.

[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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