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United States · Bill · S

S. 448 (111th)

Free Flow of Information Act of 2009

openUnited States· United States Congress· EN

Introduced

13 February 2009

Last action

11 December 2009 · Reported

Status

Placed on Senate Legislative Calendar under General Orders. Calendar No. 225.

Sponsors

Sen. Specter, Arlen [R-PA], Charles Schumer, Sen. Lugar, Richard G. [R-IN], Sen. Graham, Lindsey [R-SC], Kirsten Gillibrand, Sen. McCaskill, Claire [D-MO], Patty Murray, Amy Klobuchar, Sen. Hagan, Kay R. [D-NC], Sen. Kaufman, Edward E. [D-DE], Sen. Udall, Tom [D-NM], Sen. Leahy, Patrick J. [D-VT], Sen. Landrieu, Mary L. [D-LA], Sen. Isakson, Johnny [R-GA], Bernie Sanders, Rep. Dodd, Christopher J. [D-CT-2]

Subjects

Discovery layer

Source updated

10 August 2026

Official sourceDownload fileView documentsShare

Summary

Free Flow of Information Act of 2009 - Prohibits a federal entity from compelling a covered person (journalists and their employers, etc.) to testify or produce any document relating to protected information unless a court makes specified determinations by a preponderance of the evidence, including that all reasonable alternative sources have been exhausted, that the testimony or document sought is essential, and that nondisclosure would be contrary to the public interest, taking into account both the public interest in compelling disclosure and the public interest in gathering news and maintaining the free flow of information. Requires the content of compelled testimony or documents to be limited and narrowly tailored. Creates exceptions relating to alleged criminal or tortious conduct, prevention of death, kidnapping, or substantial bodily injury, prevention of terrorist activity, or prevention of national security harm. Applies this Act to communications service providers with regard to: (1) a communication to which a covered person is a party; (2) any document relating to such a communication; or (3) the contents of such a communication. 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. Declares that this Act does not supersede, dilute, or preclude any law or court decision compelling or not compelling disclosure by a covered person or communications service provider of information identifying a source who provided information without a confidentiality promise made as part of engaging in journalism or records, communication data, documents, or information obtained without a confidentiality promise.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

  1. 13 February 2009

    Introduced

    Read twice and referred to the Committee on the Judiciary.

    Source: IntroReferral

  2. 13 February 2009

    Introduced

    Introduced in Senate

    Source: IntroReferral

  3. 13 February 2009

    Introduced

    Sponsor introductory remarks on measure. (CR S2340-2342)

    Source: IntroReferral

  4. 10 December 2009

    Reported

    Committee on the Judiciary. Ordered to be reported with amendments favorably.

    Source: Committee

  5. 11 December 2009

    Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 225.

    Source: Calendars

  6. 11 December 2009

    Reported

    Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.

    Source: Committee

  7. 11 December 2009

    Reported

    Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.

    Source: Committee

Votes

No vote records are attached yet.

Versions

Documents

6 official files

Sponsors

Related records

No cross-record relationships stored yet.

Sources

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