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S.637 — 93rd Congress (1973-1974) [93rd]
Sponsor:
Sen. Mondale, Walter F. [D-MN] (Introduced 01/31/1973)

Summary:
Summary: S.637 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (01/31/1973)

Free Flow of Information Act - Declares the prupose of this Act to be to insure the free flow of news and other infromation to the public.

Provides that no person shall be required to disclose in any Federal or State proceeding: (1) the source of any published or unpublished information obtained in the gathering, receiving, or process of information for any medium of communication to the public; or (2) any unpublished information obtained or prepared in gathering, receiving, or processing of information for any medium of communication to the public.

Defines the terms used in this Act.

Sets forth procedures whereby protected information or sources of information may be subjected to subpenas or compulsory process in specified circumstances through an application for disclosure to a district court in a Federal proceeding, or to a State trial court of general jurisdiction in a State proceeding.

Requires such application to allege: (1) the name of the person from whom disclosure is sought (2) the specific information sought or the identity of the sources sought and its direct relevancy to the proceeding; (3) that there is probable cause to believe that the person from whom the information or sources is sought possesses information or knowledge of the identity of a source which is clearly relevant to a specific probable violation of law; (4) that the Federal or State proceeding has clear jurisdiction over the specific probable violation regarding which such information or the source of such information is sought; (5) that the information or source sought cannot be obtained by alternative means; and (6) that there exists an imminent danger of foreign aggression, of espionage, or threat to human life, which cannot be prevented without disclosure of the information or sources of information.

Provides that any order divesting the protection of information or sources shall be subject to appeal, and that during the pendency of any appeal, the protection assured by this Act shall remain in full force and effect.


Major Actions:
Summary: S.637 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (01/31/1973)

Free Flow of Information Act - Declares the prupose of this Act to be to insure the free flow of news and other infromation to the public.

Provides that no person shall be required to disclose in any Federal or State proceeding: (1) the source of any published or unpublished information obtained in the gathering, receiving, or process of information for any medium of communication to the public; or (2) any unpublished information obtained or prepared in gathering, receiving, or processing of information for any medium of communication to the public.

Defines the terms used in this Act.

Sets forth procedures whereby protected information or sources of information may be subjected to subpenas or compulsory process in specified circumstances through an application for disclosure to a district court in a Federal proceeding, or to a State trial court of general jurisdiction in a State proceeding.

Requires such application to allege: (1) the name of the person from whom disclosure is sought (2) the specific information sought or the identity of the sources sought and its direct relevancy to the proceeding; (3) that there is probable cause to believe that the person from whom the information or sources is sought possesses information or knowledge of the identity of a source which is clearly relevant to a specific probable violation of law; (4) that the Federal or State proceeding has clear jurisdiction over the specific probable violation regarding which such information or the source of such information is sought; (5) that the information or source sought cannot be obtained by alternative means; and (6) that there exists an imminent danger of foreign aggression, of espionage, or threat to human life, which cannot be prevented without disclosure of the information or sources of information.

Provides that any order divesting the protection of information or sources shall be subject to appeal, and that during the pendency of any appeal, the protection assured by this Act shall remain in full force and effect.


Amendments:
Summary: S.637 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (01/31/1973)

Free Flow of Information Act - Declares the prupose of this Act to be to insure the free flow of news and other infromation to the public.

Provides that no person shall be required to disclose in any Federal or State proceeding: (1) the source of any published or unpublished information obtained in the gathering, receiving, or process of information for any medium of communication to the public; or (2) any unpublished information obtained or prepared in gathering, receiving, or processing of information for any medium of communication to the public.

Defines the terms used in this Act.

Sets forth procedures whereby protected information or sources of information may be subjected to subpenas or compulsory process in specified circumstances through an application for disclosure to a district court in a Federal proceeding, or to a State trial court of general jurisdiction in a State proceeding.

Requires such application to allege: (1) the name of the person from whom disclosure is sought (2) the specific information sought or the identity of the sources sought and its direct relevancy to the proceeding; (3) that there is probable cause to believe that the person from whom the information or sources is sought possesses information or knowledge of the identity of a source which is clearly relevant to a specific probable violation of law; (4) that the Federal or State proceeding has clear jurisdiction over the specific probable violation regarding which such information or the source of such information is sought; (5) that the information or source sought cannot be obtained by alternative means; and (6) that there exists an imminent danger of foreign aggression, of espionage, or threat to human life, which cannot be prevented without disclosure of the information or sources of information.

Provides that any order divesting the protection of information or sources shall be subject to appeal, and that during the pendency of any appeal, the protection assured by this Act shall remain in full force and effect.


Cosponsors:
Summary: S.637 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (01/31/1973)

Free Flow of Information Act - Declares the prupose of this Act to be to insure the free flow of news and other infromation to the public.

Provides that no person shall be required to disclose in any Federal or State proceeding: (1) the source of any published or unpublished information obtained in the gathering, receiving, or process of information for any medium of communication to the public; or (2) any unpublished information obtained or prepared in gathering, receiving, or processing of information for any medium of communication to the public.

Defines the terms used in this Act.

Sets forth procedures whereby protected information or sources of information may be subjected to subpenas or compulsory process in specified circumstances through an application for disclosure to a district court in a Federal proceeding, or to a State trial court of general jurisdiction in a State proceeding.

Requires such application to allege: (1) the name of the person from whom disclosure is sought (2) the specific information sought or the identity of the sources sought and its direct relevancy to the proceeding; (3) that there is probable cause to believe that the person from whom the information or sources is sought possesses information or knowledge of the identity of a source which is clearly relevant to a specific probable violation of law; (4) that the Federal or State proceeding has clear jurisdiction over the specific probable violation regarding which such information or the source of such information is sought; (5) that the information or source sought cannot be obtained by alternative means; and (6) that there exists an imminent danger of foreign aggression, of espionage, or threat to human life, which cannot be prevented without disclosure of the information or sources of information.

Provides that any order divesting the protection of information or sources shall be subject to appeal, and that during the pendency of any appeal, the protection assured by this Act shall remain in full force and effect.


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