Questions about Speech act

Short answers, pulled from the story.

What is the SPEECH Act and when was it signed into law?

The SPEECH Act is the Securing the Protection of our Enduring and Established Constitutional Heritage Act, which was signed into law by President Barack Obama on the 10th of August 2010. This legislation amended Part VI of title 28 of the United States Code to add a new section 181 titled Foreign Judgments. The law prevents U.S. courts from recognizing or enforcing foreign defamation judgments unless the foreign jurisdiction offers free speech protections at least as strong as the U.S. First Amendment.

How did the SPEECH Act originate from the Khalid bin Mahfouz case?

The SPEECH Act originated from a 2003 lawsuit where wealthy Saudi businessman Khalid bin Mahfouz sued American author Dr. Rachel Ehrenfeld in a British court over her book Funding Evil. The British court ruled against Ehrenfeld under libel laws that placed the burden of proof on the defendant, creating a legal nightmare that highlighted a gap in American law. This specific incident served as the primary inspiration for the legislative effort that eventually became the SPEECH Act to prevent American citizens from being held hostage by foreign legal systems.

What are the key provisions of the SPEECH Act regarding foreign judgments?

The core provision of the SPEECH Act declares that domestic U.S. courts shall not recognize or enforce any judgment for defamation issued in a foreign court unless the foreign jurisdiction offers at least as much protection of free speech as the U.S. First Amendment. The act also allows for enforcement only if the defendant would have been found liable even if the case had been heard under U.S. law. Additionally, the legislation requires that the foreign court's conduct of the case must have respected the due process guarantees of the U.S. Constitution to the same extent as a U.S. court.

Which early cases tested the practical application of the SPEECH Act?

The practical application of the SPEECH Act began in April 2011 with the case of Pontigon v. Lord, heard in Missouri courts, marking the first time a court addressed the act's application to a foreign defamation judgment. The most significant early test came in the case of Trout Point Lodge v. Doug K. Handshoe, which became the first appellate level ruling issued under the act. In 2013, the trial court awarded Handshoe $48,000 in legal fees, demonstrating the act's potential to deter frivolous foreign lawsuits.

What criticisms have legal scholars raised about the SPEECH Act?

Legal scholars have criticized the SPEECH Act for being overly broad and failing to distinguish between legitimate forum selection and illegitimate forum shopping. Critics argue that the act affords too little protection to foreign defamation plaintiffs and that the exceptions to non-enforcement are illusory and fail to provide courts with appropriate guidance. The act's inability to address non-speech related judgments has also led to calls for reform, as seen in the 2014 rejection of Handshoe's attempt to remove a Canadian copyright infringement judgment using the SPEECH Act.

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