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Free Flow of Information Act of 2005

Introduced: February 9, 2005 See on congress.gov
This bill died when the 109th Congress ended
It never became law before the 109th Congress (2005–2006) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Feb 9, 2005
Read twice and referred to the Committee on the Judiciary.
Feb 9, 2005
Sponsor introductory remarks on measure. (CR S1215)
Feb 9, 2005
Introduced in Senate
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 Plain-English summary Congressional Research Service

Free Flow of Information Act of 2005 - Prohibits Federal entities from compelling covered persons (specified media outlets or their employees) to testify or produce any document unless a court determines by clear and convincing evidence that: (1) the entity has unsuccessfully attempted to obtain such testimony or document from all non-covered persons; and (2) in a criminal matter, based on information from a non-covered person, there are reasonable grounds to believe a crime has occurred and the testimony or document is essential to the investigation, prosecution, or defense; or (3) in a non-criminal matter, based on information from a non-covered person, the testimony or document is essential to a dispositive issue of substantial importance.

Requires the content of compelled testimony or documents to be: (1) limited to the purpose of verifying published information; and (2) narrowly tailored in subject matter and time period covered.

Excludes certain commercial or financial information from coverage under this Act.

Prohibits compelled disclosure, notwithstanding this Act's conditions for such disclosure, of: (1) the identity of a confidential source; or (2) information reasonably expected to lead to the discovery of such identity.

Makes this Act applicable to testimony or documents sought from third parties that are related to business transactions with covered persons. Authorizes compelled disclosure in such cases only where the covered person has received notice and an opportunity to be heard.

States that publication or dissemination of testimony or documents does not waive the requirements for compelled disclosure set forth in this Act.

What's happening now February 9, 2005

Read twice and referred to the Committee on the Judiciary.

 Related & companion bills 3
 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
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APA
U.S. Congress. (2026). S. 340: Free Flow of Information Act of 2005. 109th Congress. Open America. https://openamerica.io/bill/109-S-340/
MLA
"S. 340: Free Flow of Information Act of 2005." 109th Congress, 2026, Open America, https://openamerica.io/bill/109-S-340/.
Bluebook (legal)
S. 340, 109th Cong. (2026), https://openamerica.io/bill/109-S-340/.
Markdown link
[S. 340: Free Flow of Information Act of 2005](https://openamerica.io/bill/109-S-340/)
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