H.R. 4776 (109th): 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

109th Congress, 2005–2006. Text as of Feb 16, 2006 (Introduced).

Status & Summary | PDF | Source: GPO

I

109th CONGRESS

2d Session

H. R. 4776

IN THE HOUSE OF REPRESENTATIVES

February 16, 2006

(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.

Limitation on jurisdiction

(a)

In general

Chapter 99 of title 28, United States Code, is amended by adding at the end the following:

1632.

Limitation on jurisdiction

No court created by Act of Congress shall have any jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to hear or decide any question pertaining to the interpretation or the validity, under the Constitution, of the content of speech of any member of a State legislative body or any individual invited by a State legislative body to speak before that body, when such speech occurs during the legislative session of that body.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 99 of title 28, United States Code, is amended by adding at the end the following new item:

1632. Limitation on jurisdiction.

.

2.

Qualified immunity

Any person who is a member of a State legislative body, or who is invited by a State legislative body to speak before that body, other than as a witness, shall be immune from suit in any Federal court, and shall not be held liable under any law of the United States, on account of the content of speech occurring during the legislative session of that body, unless such speech constitutes treason, breach of peace, or an admission of guilt of a crime.

3.

Use of Federal funds

No Federal funds shall be used for the purpose of enforcing any court order relating to the content of speech occurring during the legislative session of a State legislative body, unless such speech constitutes treason, breach of peace, or an admission of guilt of a crime.

4.

Prohibition of fines

No Federal court shall impose a fine on any State, State legislative body, member of a State legislative body, or individual invited by a State legislative body to speak before that body, other than as a witness, on account of the content of speech occurring during the legislative session of that body, unless such speech constitutes treason, breach of peace, or an admission of guilt of a crime.

5.

Limitation on statutory construction

No provision of this Act, including any amendment made by this Act, shall be construed—

(1)

to supersede any State law or any rule of a State legislative body; or

(2)

to limit the protections provided by any other provision of this Act.

6.

Severability

If any provision of this Act (including any amendment made by this Act), or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated.