U.S. Congress - H.R.2765 Securing the Protection of our Enduring and Established Constitutional Heritage Act
H.R.2765 - Securing the Protection of our Enduring and Established Constitutional Heritage Act
To amend title 28, United States Code, to prohibit recognition and enforcement of foreign defamation judgments and certain foreign judgments against the providers of interactive computer services. view all titles (7)
All Bill Titles
- Official: To amend title 28, United States Code, to prohibit recognition and enforcement of foreign defamation judgments and certain foreign judgments against the providers of interactive computer services. as introduced.
- Short: Securing the Protection of our Enduring and Established Constitutional Heritage Act as reported to senate.
- Short: SPEECH Act as reported to senate.
- Short: Securing the Protection of our Enduring and Established Constitutional Heritage Act as passed senate.
- Short: SPEECH Act as passed senate.
- Short: Securing the Protection of Our Enduring and Established Constitutional Heritage Act as enacted.
- Short: SPEECH Act as enacted.
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Official Summary
8/10/2010--Public Law. (This measure has not been amended since it was passed by the Senate on July 19, 2010. The summary of that version is repeated here.) Securing the Protection of Our Enduring and Established Constitutional Heritage Act or SPEECH Act - (Sec. 3) Prohibits a domestic couOfficial Summary
8/10/2010--Public Law. (This measure has not been amended since it was passed by the Senate on July 19, 2010. The summary of that version is repeated here.) Securing the Protection of Our Enduring and Established Constitutional Heritage Act or SPEECH Act -(Sec. 3)
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 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 as much protection for freedom of speech and press as the First Amendment to the Constitution and law of the state, 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 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 unless the domestic court determines that the exercise of personal jurisdiction by the foreign court comported with the due process requirements imposed on domestic courts by the Constitution. Requires the party seeking recognition or enforcement of the foreign judgment to bear the burden of making the showing that the foreign court's exercise of personal jurisdiction comported with such due process requirements. 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 such judgment had been provided in the United States. Requires the party seeking recognition or enforcement of the foreign judgment to bear the burden of establishing that the judgment is consistent with such provisions. Provides that an appearance by a party in a foreign court rendering a foreign judgment to which this Act applies shall not deprive such party of the right to oppose the recognition or enforcement of the judgment under this Act, or represent a waiver of any jurisdictional claims. Allows removal by any defendant to the U.S. district court for the district and division embracing the place where such action is pending, without regard to the amount in controversy, of any action brought in a state domestic court to enforce a foreign judgment for defamation in which:
(1) any plaintiff is a citizen of a state different from any defendant;
(2) any plaintiff is a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a state; or
(3) any plaintiff is a citizen of a state and any defendant is a foreign state or citizen or subject of a foreign state. 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 a U.S. district court for a declaration that the foreign judgment is repugnant to the Constitution of laws of the United States. Allows the award of reasonable attorney fees under certain conditions if the party opposing recognition or enforcement of the judgment prevails. Expresses the sense of the Congress that, for the purpose 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.
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FEED
Recent News Coverage
08/10/10
President signs 'libel-tourism' bill
Under the new law, HR 2765, US federal courts would be prevented from recognizing or enforcing a foreign judgment for defamation that is inconsistent with ...
Source:
First Amendment Center
08/01/10
RE: H.R.2765
Lightning struck at Congress for a second time last week, when the House of Representatives unanimously passed HR 2765, the Securing and Protecting our ...
Source:
The Cutting Edge
07/27/10
Congress votes to protect US authors from foreign libel judgments
Under the bill, HR 2765, US federal courts would be prevented from recognizing or enforcing a foreign judgment for defamation that is inconsistent with ...
Source:
First Amendment Center
FEED
Recent Blog Coverage
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View Top Rated
12/22/10
Our freedom of speech
Fortunately, the United States Congress passed, and President Obama signed into law, HR 2765, the bulkily-named Securing the Protection of our Enduring and Established Constitutional Heritage Act, or SPEECH Act,¹ which bars American ...
Source:
Common Sense Political Thought
12/07/10
Mind what you say - English Judges are Listening
To provide some protection to Americans who may be sued in London, President Obama signed earlier this year a law with the rather long title of HR 2765: Securing the Protection of Our Enduring and Established Constitutional Heritage Act ...
Source:
Open Medicine EU
11/29/10
H.R. 2765 "SPEECH Act" - Encyclopædia Dramatica Forums
HR 2765 "SPEECH Act" Encyclopædia Dramatica Collaboration.
Source:
Encyclopædia Dramatica Forums
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