SPEECH Act
Latest action · Aug 10, 2010 Became Public Law No: 111-223.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedJun 9, 2009
- Passed HouseJun 15, 2009
- Passed SenateJul 19, 2010
- To the PresidentJul 29, 2010
- Became lawAug 10, 2010
Summary
(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.
Cosponsors 11
Members who signed on, in the order they did. Signatures ran from Jun 9, 2009 to Jun 11, 2009, with 7 there on the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-CA | Darrell Issa | Original | Jun 9, 2009 |
| R-NC | Howard Coble | Original | Jun 9, 2009 |
| D-NY | Jerrold Nadler | Original | Jun 9, 2009 |
| D-MI | John Conyers, Jr. | Original | Jun 9, 2009 |
| R-TX | Ted Poe | Original | Jun 9, 2009 |
| R-AZ | Trent Franks | Original | Jun 9, 2009 |
| D-CA | Zoe Lofgren | Original | Jun 9, 2009 |
| D-CA | Brad Sherman | Jun 11, 2009 | |
| D-NY | Daniel B. Maffei | Jun 11, 2009 | |
| D-GA | Henry C. "Hank" Johnson, Jr. | Jun 11, 2009 | |
| D-TX | Sheila Jackson Lee | Jun 11, 2009 |
Actions 30
Everything that happened, newest first.
- Aug 10, 2010Became Public Law No: 111-223.
- Aug 10, 2010Signed by President.
- Jul 29, 2010Presented to President.
- Jul 27, 2010Cleared for White House.
- Jul 27, 2010DEBATE - The House proceeded with forty minutes of debate on the motion to supend the rules and agree to the Senate amendment to H.R. 2765.
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 3518 | SPEECH Act | Related bill | Jun 22, 2010 |
Subjects
Assigned by the Library of Congress. Policy area: Law.
Text 7
Each version as it was printed, newest first.
- —Enrolled Bill
- Jul 19, 2010Engrossed Amendment Senate
- Jul 14, 2010Reported to Senate
- Jun 16, 2009Referred in Senate
- Jun 15, 2009Engrossed in House
- Jun 15, 2009Reported in House
- Jun 9, 2009Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.