S 3518 111th Congress Senate

SPEECH Act

Official title: A bill to amend title 28, United States Code, to prohibit recognition and enforcement of foreign defamation judgments in United States Courts where those judgm… Show full official titleShow less

Official title: A bill to amend title 28, United States Code, to prohibit recognition and enforcement of foreign defamation judgments in United States Courts where those judgments undermine the first amendment to the Constitution of the United States, and to provide a cause of action for declaratory judgment relief against a party who has brought a successful foreign defamation action whose judgment undermines the first amendment.

Introduced: June 22, 2010 See on congress.gov

Law Civil actions and liabilityDue process and equal protectionEvidence and witnessesFirst Amendment rights

More subjectsShow fewer subjects

Internet and video servicesInternet, web applications, social mediaJurisdiction and venueLegal fees and court costs

Everywhere this bill has been 3 steps

Introduced

In committee

Reported out

Passed House

Passed Senate

To President

Became law

Jun 22, 2010

Sponsor introductory remarks on measure. (CR S5275-5276)

Jun 22, 2010

Read twice and referred to the Committee on the Judiciary.

Jun 22, 2010

Introduced in Senate

Ask about this bill AI · grounded in the bill text

Have a question about what this bill does? Ask in plain English; the answer is drawn from the bill's actual text and official record, and it'll tell you when something isn't in the text rather than guess.

AI answers can be imperfect; always confirm against the full bill text.

Latest action June 22, 2010

Read twice and referred to the Committee on the Judiciary.

Plain-English summary Congressional Research Service

Securing the Protection of our Enduring and Established Constitutional Heritage Act or SPEECH Act - Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation unless the domestic court determines that: (1) the defamation law applied in the foreign court's adjudication provided at least as much protection for freedom of speech and press in that case as would be provided by the First Amendment to the U.S. Constitution and by the constitution and law of the state in which the domestic court is located; or (2) even if the defamation law applied in the foreign court's adjudication did not provide this much protection for freedom of speech and press, the party opposing recognition or enforcement of that foreign judgment would have been found liable for defamation by a domestic court applying the First Amendment to the U.S. Constitution and the constitution and law of the state in which the domestic court is located.

Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation against the provider of an interactive computer service unless the domestic court determines that the judgment would be consistent with provisions of the Communications Act of 1934 affording protection for private blocking and screening of offensive material, if the information that is the subject of the judgment had been provided in the United States.

Specifies circumstances for removal by a defendant to the appropriate U.S. district court, without regard to the amount in controversy, of any action brought in a state domestic court to enforce a foreign judgment for defamation.

Provides that any U.S. person, against whom a foreign judgment is entered on the basis of the content of any writing, utterance, or other speech by that person that has been published, may bring an action in district court for a declaration that the foreign judgment is repugnant to the Constitution or laws of the United States.

Expresses the sense of Congress that, for purposes of pleading a cause of action for a declaratory judgment, a foreign judgment for defamation or any similar offense shall constitute a case of actual controversy under the federal judicial code.

Related & companion bills 1

Bill text 1 version