This bill adds a new section (4106) to chapter 181 of title 28, United States Code. It says U.S. courts must not recognize or enforce a foreign judgment, fine, order, or demand that enforces a "foreign censorship law." A "foreign censorship law" is defined as a foreign law that mainly aims to restrict or punish expression, targets speech based on content/viewpoint/speaker, or forces disclosures that would chill speech, and that would conflict with the U.S. First Amendment if enforced here. The bill also allows a United States person who is subject to such a foreign judgment, fine, order, or demand to sue in federal district court for a declaratory judgment that the foreign action is unenforceable. The bill amends the exceptions to sovereign immunity (28 U.S.C. 1605(a)) to say that foreign states are not immune from actions under the new section 4106.
If you are a United States person who faces a foreign court judgment or order that enforces a foreign censorship law, this bill would let you ask a U.S. federal court to declare that the foreign judgment is not enforceable in the United States. U.S. courts would be barred from recognizing or enforcing those foreign censorship judgments that conflict with First Amendment protections. The bill names how a foreign censorship law is identified and says the term "foreign state" uses the existing legal definition in 28 U.S.C. 1603.
No publicly available information on costs or budgetary effects is included in the bill text or metadata provided.
No publicly available information on proponents' justifications or statements is included in the bill text or metadata provided.
No publicly available information on opponents' objections or statements is included in the bill text or metadata provided.