S. 3983: End Foreign Abuse of United States Courts Act

This proposed legislation, known as the End Foreign Abuse of United States Courts Act, aims to modify existing U.S. law related to lawsuits that are intended to suppress free expression and other First Amendment rights. The bill focuses specifically on cases brought by foreign governments or their agents against U.S. citizens or entities. Here are the main points of the bill:

Objectives

• To create a legal framework for U.S. courts to quickly dismiss lawsuits deemed as strategic lawsuits against public participation (SLAPP) that are initiated by foreign adversaries.
• To protect individuals in the U.S. from frivolous litigation intended to intimidate or silence them regarding their political opinions or activities.

Key Provisions

• Definition of Terms:
  • Claim: Refers to any legal complaint or court filing seeking relief or damages.
  • Covered Claim: A claim brought by foreign governments or their representatives that challenges a person's protected speech or political actions.
  • Covered Country: Includes countries identified as foreign adversaries or those known for patterns of frivolous litigation against Americans.
• Special Motion to Dismiss:
  • The moving party must provide written notice of their intention to file a motion to dismiss at least 5 days in advance.
  • A special motion must be filed within 60 days of the service of the claim.
• Stay of Proceedings: Once a motion to dismiss is filed, all related court proceedings will be paused until the court issues a ruling on that motion.
• Attorney Fees and Costs:
  • If the moving party succeeds in dismissing the case, they are entitled to recover reasonable attorney fees and costs.
  • Furthermore, if the court finds the original claim was intended to harass or delay proceedings, it may award punitive damages.
• Exclusions: The provisions of this law will not apply to:
  • Claims based on selling or leasing commercial goods.
  • Claims brought by U.S. government officials acting within their official capacity.
  • Claims for bodily injury, wrongful death, or survival damages.
• Immediate Appeal: If a court denies a special motion to dismiss, the party that filed the motion can appeal immediately.

Implementation and Scope

The legislation, upon enactment, will apply immediately to claims filed after its enactment, regardless of when the events leading to the claims occurred. This measure aims to ensure that foreign entities cannot misuse the U.S. judicial system to silence individuals exercising their rights.

Relevant Companies

None found.