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Free Flow of Information Act of 2006

Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 109-837.

Official summary

Version 00 · Introduced in Senate · May 18, 2006

Free Flow of Information Act of 2006 - Prohibits federal courts in criminal or civil proceedings from compelling journalists to disclose their confidential sources or information which they obtain in a professional newsgathering capacity. Allows exceptions if a court finds that: (1) alternative means of obtaining such confidential information have been exhausted and reasonable and timely notice of a demand for such information has been given; (2) subpoenas for such information are limited in scope; (3) such information is critical to pending criminal or civil litigation; and (4) nondisclosure of such information would be contrary to the public interest.

Denies journalists a privilege against disclosure of confidential information if such information: (1) was obtained by eyewitness observations of criminal conduct by a journalist or involvement of such journalist in criminal or tortious conduct; (2) is necessary to prevent death or substantial bodily harm; (3) is necessary to protect national security; and (4) was provided or obtained without a promise of confidentiality.

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Who introduced it

Sen. Lugar, Richard G. [R-IN] · R–IN

Committees

  • Judiciary Committee
9 cosponsorship records, including any withdrawals

Actions

A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.

  1. Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 109-837.

  2. Read twice and referred to the Committee on the Judiciary.

  3. Sponsor introductory remarks on measure. (CR S4800-4801)

  4. Introduced in Senate

Bill text & related measures

Text links open the official source. We currently store references to these documents.

Related bills identified by Congress.gov

No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.

Source last updated: Aug 10, 2026. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze S.2831 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

Examine S.2831 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

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Institutions and government scope

Conservative lens

Examine S.2831 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.

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Individual rights and government power

Liberty lens

Examine S.2831 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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