On August 10, the President signed H.R. 2765, the “Securing the Protection of our Enduring and Established Constitutional Heritage Act” (“SPEECH Act”), which limits the recognition and enforcement of certain foreign judgments in defamation cases. The new law prohibits both federal and state courts in the United States from recognizing and enforcing defamation judgments obtained in foreign courts that do not satisfy U.S. First Amendment and jurisdictional standards. "Defamation" is defined as including libel, slander, and "any similar claim alleging that forms of speech are false, have caused damage to reputation or emotional distress, have presented any person in a false light, or have resulted in criticism, dishonor, or condemnation of any person." The new law also extends the protections of Section 230 of the Communications Decency Act to foreign defamation judgments obtained against a "provider of an interactive computer service." Further, the new law contains procedural provisions that allow the subjects of foreign defamation judgments to remove state court enforcement actions to federal court, obtain declaratory relief in anticipation of an enforcement action, and obtain an award of attorneys' fees.
H.R. 2765, the “Securing the Protection of our Enduring and Established Constitutional Heritage Act” (“SPEECH Act”), codified at 28 U.S.C. §§ 4101-4105. Bill Summary & Status File