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H.R. 2765Became Law

SPEECH Act

(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.

Became Public Law No: 111-223.

Rep. Cohen, Steve [D-TN-9](D-TN)Sponsor
11 cosponsors7 D4 R
11cosponsors2committees37actions1related bills9subjects
  1. PresidentE40000

    Became Public Law No: 111-223.

  2. BecameLaw36000

    Became Public Law No: 111-223.

  3. PresidentE30000

    Signed by President.

  4. BecameLaw36000

    Signed by President.

  5. FloorE20000

    Presented to President.

  6. President28000

    Presented to President.

  7. Cleared for White House.

  8. ResolvingDifferencesH41931

    Motion to reconsider laid on the table Agreed to without objection.

  9. ResolvingDifferencesH41610

    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)

  10. NotUsed19500

    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)

  11. FloorH8D000

    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.

  12. ResolvingDifferencesH40140

    Mr. Cohen moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H6126-6129)

  13. Floor

    By Senator Leahy from Committee on the Judiciary filed written report. Report No. 111-224. Additional views filed.

    Judiciary Committee
  14. Committee14900

    By Senator Leahy from Committee on the Judiciary filed written report. Report No. 111-224. Additional views filed.

    Judiciary Committee
  15. Floor

    Message on Senate action sent to the House.

  16. Floor

    Passed Senate with an amendment by Unanimous Consent. (consideration: CR S5978-5980; text as passed Senate: CR S5978-5979)

  17. Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S5978-5980; text as passed Senate: CR S5978-5979)

  18. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 460.

  19. Committee

    Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  20. Committee14000

    Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  21. Committee

    Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  22. Committee

    Committee on the Judiciary. Hearings held.

    Judiciary Committee
  23. IntroReferral

    Received in the Senate and Read twice and referred to the Committee on the Judiciary.

    Judiciary Committee
  24. FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  25. FloorH37300

    On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6771-6772)

  26. Floor8000

    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)

  27. FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate on H.R. 2765.

  28. FloorH30000

    Considered under suspension of the rules. (consideration: CR H6770-6773)

  29. FloorH30300

    Mr. Cohen moved to suspend the rules and pass the bill, as amended.

  30. CalendarsH12410

    Placed on the Union Calendar, Calendar No. 77.

  31. CommitteeH12200

    Reported by the Committee on Judiciary. H. Rept. 111-154.

    Judiciary Committee
  32. Committee5000

    Reported by the Committee on Judiciary. H. Rept. 111-154.

    Judiciary Committee
  33. CommitteeH19000

    Ordered to be Reported by Voice Vote.

    Judiciary Committee
  34. CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  35. IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  36. IntroReferralIntro-H

    Introduced in House

  37. IntroReferral1000

    Introduced in House

Aug 10, 201049

(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.

Jul 19, 201035

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.

Jul 14, 201001

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.

Jun 15, 200936

(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

Jun 9, 200900

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.