Securing the Protection of our Enduring and Established Constitutional Heritage Act

Bill: 111-hr-2765
Sponsor: Rep. Cohen, Steve [D-TN-9]
Introduced: 2009-06-09 in the House
Policy area: Law
Subjects: Civil actions and liability
Due process and equal protection
Evidence and witnesses
First Amendment rights
Internet and video services
Internet, web applications, social media
Jurisdiction and venue
Legal fees and court costs

Summary:
action_date: 2009-06-09
text: 
Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation whenever the party opposing recognition or enforcement claims that the judgment is inconsistent with the First Amendment to the Constitution, unless the domestic court determines that the judgment is consistent with the First Amendment.
 
Prohibits a domestic court from recognizing a foreign judgment for defamation if the party opposing recognition or enforcement establishes that the exercise of personal jurisdiction by the foreign court that rendered the judgment failed to comport with the due process requirements imposed on domestic courts by the Constitution.
 
Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation against the provider of an interactive computer service whenever the party opposing recognition or enforcement claims that the judgment is inconsistent with the Communications Act of 1934 regarding protection for private blocking and screening of offensive material, unless the domestic court determines 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 for the purpose of contesting the foreign court's exercise of jurisdiction, moving the foreign court to abstain from exercising jurisdiction, defending on the merits any claims brought before the foreign court, or for any other purpose, shall not deprive such party of the right to oppose the recognition or enforcement of the judgment under this Act.
 
Allows the award of reasonable attorney fees under certain conditions if the party opposing recognition or enforcement of the judgment prevails. 

action_date: 2009-06-15
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation whenever the party opposing recognition or enforcement claims that the judgment is inconsistent with the First Amendment to the Constitution, unless the domestic court determines that the judgment is consistent with the First Amendment.
 
Prohibits a domestic court from recognizing a foreign judgment for defamation if the party opposing recognition or enforcement establishes that the exercise of personal jurisdiction by the foreign court that rendered the judgment failed to comport with the due process requirements imposed on domestic courts by the Constitution.
 
Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation against the provider of an interactive computer service whenever the party opposing recognition or enforcement claims that the judgment is inconsistent with the Communications Act of 1934 regarding protection for private blocking and screening of offensive material, unless the domestic court determines 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 for the purpose of contesting the foreign court's exercise of jurisdiction, moving the foreign court to abstain from exercising jurisdiction, defending on the merits any claims brought before the foreign court, or for any other purpose, shall not deprive such party of the right to oppose the recognition or enforcement of the judgment under this Act.
 
Allows the award of reasonable attorney fees under certain conditions if the party opposing recognition or enforcement of the judgment prevails
 

action_date: 2010-07-14
text: 
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.

action_date: 2010-07-19
text: 
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.

action_date: 2010-08-10
text: 

(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.


Legislative actions:
action_date: 2010-08-10
text: Became Public Law No: 111-223.
action_date: 2010-08-10
text: Became Public Law No: 111-223.
action_date: 2010-08-10
text: Signed by President.
action_date: 2010-08-10
text: Signed by President.
action_date: 2010-07-29
text: Presented to President.
action_date: 2010-07-29
text: Presented to President.
action_date: 2010-07-27
text: Cleared for White House.
action_date: 2010-07-27
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2010-07-27
text: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote. (text as House agreed to Senate amendment: CR H6126-6127)
action_date: 2010-07-27
text: Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.(text as House agreed to Senate amendment: CR H6126-6127)
action_date: 2010-07-27
text: DEBATE - 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.
action_date: 2010-07-27
text: Mr. Cohen moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H6126-6129)
action_date: 2010-07-19
text: By Senator Leahy from Committee on the Judiciary filed written report. Report No. 111-224. Additional views filed.
action_date: 2010-07-19
text: By Senator Leahy from Committee on the Judiciary filed written report. Report No. 111-224. Additional views filed.
action_date: 2010-07-19
text: Message on Senate action sent to the House.
action_date: 2010-07-19
text: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S5978-5980; text as passed Senate: CR S5978-5979)
action_date: 2010-07-19
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S5978-5980; text as passed Senate: CR S5978-5979)
action_date: 2010-07-14
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 460.
action_date: 2010-07-14
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2010-07-14
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2010-07-13
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2010-02-23
text: Committee on the Judiciary. Hearings held.
action_date: 2009-06-16
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2009-06-15
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2009-06-15
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6771-6772)
action_date: 2009-06-15
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6771-6772)
action_date: 2009-06-15
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 2765.
action_date: 2009-06-15
text: Considered under suspension of the rules. (consideration: CR H6770-6773)
action_date: 2009-06-15
text: Mr. Cohen moved to suspend the rules and pass the bill, as amended.
action_date: 2009-06-15
text: Placed on the Union Calendar, Calendar No. 77.
action_date: 2009-06-15
text: Reported by the Committee on Judiciary. H. Rept. 111-154.
action_date: 2009-06-15
text: Reported by the Committee on Judiciary. H. Rept. 111-154.
action_date: 2009-06-10
text: Ordered to be Reported by Voice Vote.
action_date: 2009-06-10
text: Committee Consideration and Mark-up Session Held.
action_date: 2009-06-09
text: Referred to the House Committee on the Judiciary.
action_date: 2009-06-09
text: Introduced in House
action_date: 2009-06-09
text: Introduced in House

Enacted as: number: 111-223