I 117th CONGRESS 2d Session H. R. 9146 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.

1. Short title This Act may be cited as the Free Speech Protection Act . 2. Speech proceedings (a) In general Part VI of title 28, United States Code, is amended by inserting after chapter 181 the following: 182 Covered speech Sec. 4201. Treatment of covered speech. 4202. Rule modification. 4203. No preemption. 4204. Definitions. 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. 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. 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. 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 .