Summary: S.3020 — 108th Congress (2003-2004)All Information (Except Text)

There is one summary for S.3020. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (11/19/2004)

Free Speech Protection Act of 2004 - Prohibits judicial, legislative, or executive branch entities of the Federal Government with the power to issue subpoenas or provide other compulsory process from compelling any person who engages in news or information gathering for dissemination to the public (covered person) through the news media to disclose: (1) the source of news or information, or any information that would tend to identify the source, whether or not the source has been promised confidentiality; or (2) any news or information procurred while providing services to the news media that is not itself communicated to the news media. Extends this protection to supervisors, employers, or other persons assisting a covered person.

Renders inadmissible in any Federal action, proceeding, or hearing news or information obtained in violation of this Act.

Creates an exception from the prohibition on compelled disclosure for news or information not communicated to the news media if a court finds that the requesting party has established by clear and convincing evidence that: (1) disclosure is critical and necessary to the resolution of a significant legal issue; (2) the news or information could not be obtained by alternative means; and (3) there is an overriding public interest in disclosure.

States that publication by the news media, or dissemination by a person while providing services for the news media, of a source of news or information shall not constitute a waiver of the protections provided by this Act.