II 
110TH CONGRESS 
2D SESSION 
H. R. 6146 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 29 (legislative day, SEPTEMBER 17), 2008 
Received 
AN ACT 
To amend title 28, United States Code, to prohibit recogni-
tion and enforcement of foreign defamation judgments. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. FINDINGS; PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) The first amendment of the Constitution of 
the United States prohibits the abridgment of free-
dom of speech. 
(2) Freedom of speech is fundamental to the 
values of American democracy. 
(3) In light of the constitutional protection our 
Nation affords to freedom of speech, the Supreme 
Court has modified the elements of the common law 
tort of defamation to provide more protection for de-
fendants than would be available at common law, in-
cluding providing special protections for political 
speech. 
(4) The courts of other countries, including 
those that otherwise share our Nation’s common law 
and due process traditions, are not constrained by 
the first amendment and thus may provide less pro-
tection to defamation defendants than our Constitu-
tion requires. 
(5) While our Nation’s courts will generally en-
force foreign judgments as a matter of comity, com-
ity does not require that courts enforce foreign judg-
ments that are repugnant to our Nation’s funda-
mental constitutional values, in particular its strong 
protection of the right to freedom of speech. 
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(6) Our Nation’s courts should only enforce for-
eign judgments as a matter of comity when such for-
eign judgments are consistent with the right to free-
dom of speech. 
(b) PURPOSE.—The purpose of this Act is to protect 
the right to freedom of speech under the first amendment 
to the Constitution of the United States from the poten-
tially weakening effects of foreign judgments concerning 
defamation. 
SEC. 2. RECOGNITION OF FOREIGN DEFAMATION JUDG-
MENTS. 
(a) IN GENERAL.—Part VI of title 28, United States 
Code, is amended by adding at the end the following: 
‘‘CHAPTER 181—FOREIGN JUDGMENTS 
‘‘Sec. 
‘‘4101. Recognition of foreign defamation judgments. 
‘‘§ 4101. Recognition of foreign defamation judgments 
‘‘(a) FIRST AMENDMENT CONSIDERATIONS.—Not-
withstanding any other provision of Federal or State law, 
a domestic court shall not recognize or enforce a foreign 
judgment for defamation that is based upon a publication 
concerning a public figure or a matter of public concern 
unless the domestic court determines that the foreign 
judgment is consistent with the first amendment to the 
Constitution of the United States. 
‘‘(b) DEFINITIONS.—For purposes of this section: 
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‘‘(1) DOMESTIC
COURT.—The term ‘domestic 
court’ means a State court or a Federal court. 
‘‘(2) FOREIGN
COURT.—The term ‘foreign 
court’ means a court, administrative body, or other 
tribunal of a foreign country. 
‘‘(3) FOREIGN JUDGMENT.—The term ‘foreign 
judgment’ means a final judgment rendered by a 
foreign court.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
for part VI of title 28, United States Code, is amended 
by adding at the end the following: 
‘‘181. Foreign Judgments ................................................................ 4101’’. 
Passed the House of Representatives September 27, 
2008. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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