Congressional Free Speech Act

Summary

Congressional Free Speech Act - Provides that no court or grand jury shall inquire of a Member or an aide either directly or indirectly into the protected legislative activities of a Member in a criminal proceeding without the Member's consent. Requires the Attorney General of the United States to personally approve the issuance of any subpena to a Member who is at that time serving in Congress, and to notify in writing that Member, the Speaker of the House of Representatives, in the case of a Representative, and the President pro tempore of the Senate, in the case of a Senator, not less than forty-eight hours in advance of the issuance of the subpena. Provides that when an aide is served with a subpena which he has reason to believe may require his testimony on the protected legislative activity of a Member, the aide shall immediately inform that Member. Permits any Member to move in United States district court to quash any subpena issued by a court or grand jury in a criminal proceeding requiring him or an aide to appear to give testimony where the Member believes that the subpena seeks testimony about protected legislative activity. Sets forth the procedure for such a motion.

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1 official file

• Introduced in Senate

  summary · EN · 22 March 1973

  Open at official source

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