H.R. 3323 (109th): Free Flow of Information Act of 2005

Jul 18, 2005 (109th Congress, 2005–2006)
Died (Referred to Committee)
Mike Pence
Representative for Indiana's 6th congressional district
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Last Updated
Jul 18, 2005
7 pages
Related Bills
H.R. 2932 (112th) was a re-introduction of this bill in a later Congress.

Referred to Committee
Last Action: Sep 14, 2011

S. 1419 (identical)

Referred to Committee
Last Action: Jul 18, 2005


This bill was introduced on July 18, 2005, in a previous session of Congress, but was not enacted.

Introduced Jul 18, 2005
Referred to Committee Jul 18, 2005
Full Title

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.


No summaries available.

71 cosponsors (51D, 20R) (show)

House Judiciary

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Primary Source

THOMAS.gov (The Library of Congress)

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H.R. stands for House of Representatives bill.

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The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

Free Flow of Information Act of 2005 - Prohibits a federal entity from compelling a "covered person" (i.e., a newspaper, television broadcast station, wire service, or other media outlet, and specified employees and contractors) to testify or produce any document unless a court determines that:
(1) the party seeking to compel has unsuccessfully attempted to obtain such testimony or document from all other non-covered persons;
(2) in a criminal matter, there are reasonable grounds to believe a crime has occurred and the testimony or document sought is essential to the investigation, prosecution, or defense of the crime;
(3) in a non-criminal matter, the testimony or document is essential to a dispositive issue of substantial importance; and
(4) in any matter in which testimony or a document could reveal the source's identity, disclosure is necessary to prevent imminent and actual harm to national security and such harm outweighs the public interest in protecting the free flow of information.
Requires the content of compelled testimony or documents to be limited and narrowly tailored. Exempts certain commercial or financial information.
Makes this Act applicable to testimony or documents that a third party or federal entity seeks from a communications service provider relating to business transactions with a covered person. 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.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

No summary available.

House Democratic Caucus Summary

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We’ll be looking for a source of summaries from the other side in the meanwhile.

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