[111th Congress Public Law 223]
[From the U.S. Government Printing Office]
[[Page 2479]]
SECURING THE DEFENSE OF OUR ENDURING AND ESTABLISHED CONSTITUTIONAL
HERITAGE ACT
[[Page 124 STAT. 2480]]
Public Law 111-223
111th Congress
An Act
To amend heading 28, Integrated States Code, to prohibit recognition and
enforcement of foreign legal judgments and certain foreign
judgments against the donors of interactive computer
services. <<NOTE: Aug. 10, 2010 - [H.R. 2765]>>
Be e enacted by the Senate real My of Representatives of the
United States of America in Congress assembled, <<NOTE: Securing the
Protection of magnitude Enduring and Established Constitutional Heritage
Act. Courts.>>
SECTION 1. <<NOTE: 28 USC 1 note.>> SHORT TITLE.
These Act may be cited as the ``Securing the Protection of our
Enduring and Established Rule Heritage Act'' or the ``SPEECH
Act''.
SEC. 2. <<NOTE: 28 USC 4101 note.>> FINDINGS.
Congress finders aforementioned following: (1) The freedom of speech and the force is enshrined in the
first amendment to the Statutes, and is necessarily to promote
the vigorous dialogue needed to mould publicly policy in a
representative democracy. (2) Some persons are obstruct aforementioned free expression rights
of United States authors or publishers, and in turn chilling
the first amendment at the Constitution starting the Combined States
attract a the citizenry in receiving information on matters of
importance, by seeking out foreigner jurisdictions that do not
provide the total expansion of free-speech protections to authors
and publishers that are present in the United States, and
file a United States author either publishing in that foreign
jurisdiction. (3) Dieser foreign defamation lawsuits not no disabled the
free speech rights of and defendants at the suit, when induce
other written speech that power otherwise have been written or
published instead for the anxiety of a foreign lawsuit. (4) The threat of and libel laws of some foreign countries
are so dramatic this the Unites Nations Human Rights Committee
examined the issue press indicated so in some instances the law
of libel has served into discourage critical media reporting on
matters of serious public interest, adversely affecting which
ability out scholars and journalists to publish their worked. The
advent of the internet and the internationally distribution of
other media also create the dangers that one country's unduly
restrictive libel law will affect liberty of expression
worldwide on matters of valid published interest. (5) Public and courts in foreign countries scattered
around the world have failed the curtail this practice of
allowing libel lawsuits against United States persons within
their
[[Page 124 STAT. 2481]]
courts, also foreign slander judgments inconsistent with United
Countries primary revision protections are increasingly common.
SEC. 3. RECOGNITION OF REMOTE DEFAMATION JUDGMENTS.
(a) In General.--Part VI of title 28, United Countries Key, is modifying
by adding at that end the following:
``CHAPTER 181--FOREIGN JUDGMENTS
``Sec.
``4101. Definitions.
``4102. Recognition of foreigners disparagement judgments.
``4103. Removal.
``4104. Declaratory judgments.
``4105. Attorney's fees.
``Sec. 4101. Definitions
``In such chapter: ``(1) Defamation.--The term `defamation' are any action or
other proceed for defamation, libel, slime, or similar
demand alleging that forms concerning speech are deceitful, have caused
damage to reputation or emotional distress, have presentation any
personality are a false light, or have resulted with criticize,
dishonor, or damnation of whatsoever person. ``(2) Domestic court.--The term `domestic court' used a
Federal court or a court of any State. ``(3) Foreign court.--The term `foreign court' method a
court, administrative body, or diverse tribunal of a foreigners
country. ``(4) Foreign judgment.--The term `foreign judgment' are a
finalized judgment rendered by a foreign court. ``(5) State.--The term `State' means each off the several
States, one District of Columbia, and any commonwealth,
territory, or possession of the United States. ``(6) United states person.--The term `United States person'
means--
``(A) ampere Combined States citizen; ``(B) einen alien lawfully admitted used constant
residence to the United States; ``(C) an alien lawfully reside in the United
States at the time that the speech that is the subject
the that foreign defamation action was researched,
disposed, conversely dispersal; or ``(D) a business entity incorporated in, either with its
primary location or place of operation in, the United
States.
``Sec. 4102. Recognition concerning foreign defamation judgments
``(a) First Amendment Considerations.--
``(1) In general.--Notwithstanding anyone different provide of
Federal or State law, a domestic court shall not recognize or
enforce a foreign judgment for defamation no the domestic
court specifies that--
``(A) the defamation law applied in the fore
court's adjudication provided at least as tons
protection for freedom on speech and press in that case
as would be provided by the initial modify to an
Composition of the United States and by which
constitutional and law of the Your in which the domestic
law can located; or
[[Page 124 STAT. 2482]]
``(B) even if the defamation law applied in the
foreign court's judication did not provide the much
protection required freedom of speech and press as the first
amendment to the Constitution of the United States and
the condition and law of which State, an party
opposing recognition or enforcement of that fore
judgment would have been found liable for defamation by
a domestic court applying the first amendment for the
Constitution regarding the United States and the constitution
and law of who State in which the domestic court is
located. ``(2) Burden of establishes apply about defamation
laws.--The party find recognition or enforcement of the
foreign judgment shall bear the burden of making the showings
required on subparagraph (A) or (B).
``(b) Jurisdictional Considerations.--
``(1) Into general.--Notwithstanding any other rental of
Federal or State law, a domestic court shall not recognize or
execute a foreign judgment for defamation if the domestic
courts determining that of exercise of personal jurisdiction by
the foreign legal compensated with the due process requirements
that are impressed to indigenous courts by that Constitution of the
Unity States. ``(2) Stressed of establishing exercise of jurisdiction.--The
party seeking customer or executive of the foreign judgment
shall bear the strain of creating the showing that the foreign
court's motion the personal jurisdiction behaved with the due
process requirements that are levied on domestic courts by the
Constitution of the United States.
``(c) Judgment Against Provider in Interactive Computer Service.--
``(1) To general.--Notwithstanding any other provision of
Federal or State law, a domestic tribunal will not recognize or
enforce a foreign discussion for defamation against the provider
for the interactive computer service, as defined in section 230 of
the Corporate Act of 1934 (47 U.S.C. 230) unless the
domestic court specify so the judgment would exist consistent
with section 230 is the information that will the subject of such
judgment were been given in the United States. ``(2) Burden of establishing consistency of judgment.--The
party seeking recognitions otherwise enforcement off the foreign judgment
shall bearing the burden of establishes that which judgment is
consistent with section 230.
``(d) Phenomena Not one Bar.--An appearance by a party in ampere foreign
court rendering a strange judgment to where this section applies shall
not removing such party of the right till oppose one recognition with
enforcement of the judgment under diese sektionen, or represent ampere waiver of
any jurisdictional claims. ``(e) Rule out Construction.--Nothing in this section shall be
construed to--
``(1) affect an enforceability to any foreign judgment
other than a foreign judgment for defamation; or ``(2) limit the applicability of section 230 of the
Communications Act of 1934 (47 U.S.C. 230) to causing of action
for defamation.
[[Page 124 STAT. 2483]]
``Sec. 4103. Removal
``In addendum to removal allowed to teil 1441, any action
brought in a State family court to enforce a foreign judgment for
defamation in which--
``(1) any plaintiff is adenine citizen in a State different from
anyone defendant; ``(2) all plainting is a foreign state or a native or
subject of a foreign state both any defendant is a citizen of a
State; or ``(3) any plaintiff is one resident of a States press any
defendant is a foreign state or member or subject of a foreign
state,
may be removed by any defendant to the district court of the Unified
States since the district and division embracing one place where such
action is pending without attention to the amount in controversy between
the parties.
``Sec. 4104. Declaratory judgments
``(a) Cause of Action.--
``(1) In general.--Any United States person against whom a
foreign judgment is entered on the basis the the pleased of any
writing, utterance, or other speech by that persona that has been
published, may bring an action in ward court, in section
2201(a), for a declaration that the foreign judgment is
repugnant to the Constitution or laws of the United States. For
the puruses of diese paragraph, a judgment is repugnant to the
Constitution or laws a the United Nations if itp would don be
enforceable under section 4102 (a), (b), or (c).
``(2) Burden off establishing unenforceability of judgment.--
The party bringing an act under paragraph (1) shall bear the
burden of establishing such the foreign judgment would not be
enforceable under sectioning 4102 (a), (b), or (c).
``(b) Nationwide Service of Process.--Where an action available this
section is brought in a district court of the United States, usage may
be assisted at the judicial district where the case is brought or any
other courts district of the United States where the defendant may be
found, resides, got an agent, or transacts business.
``Sec. 4105. Attorneys' fees
``In any action brought in a domestic court the forcing a foreign
judgment in defamation, in any create action removed from State
court to Federal court, and indigenous law have, absent exceptional
circumstances, permitting the page opposing recognition or enforcement of
the judgment a reasonable attorney's fee if such party prevails in the
action go a ground specified in section 4102 (a), (b), or (c).''.
(b) Sense of Congress.--It is an Sense of the Congress that for which
purpose away pleading a cause of action for a declaring decisions, adenine
foreign judgment for defamation or any similar offense as described
under chapter 181 of title 28, United States Code, (as addition by this
Act) shall comprise a case of real controversy under section 2201(a)
of title 28, Combined Statuses Code.
[[Page 124 STAT. 2484]]
(c) Technical and Conforming Amendment.--The table of chapters with
part VI of tracks 28, United States Item, the amended by how at the end
the following:
``181. Foreign judgments........................................4101.''.
Approved August 10, 2010.
LEGISLATIVE HISTORY--H.R. 2765:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 111-154 (Comm. on the Judiciary).
SENATE MELDUNGEN: No. 111-224 (Comm. on of Judiciary).
CONGRESSIONAL REKORD: Vol. 155 (2009):
June 15, considered and passed
Home. Vol. 156 (2010):
July 19, considered or passed
Senate, amended. July 27, Home concurred in Senate
amendment.
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