S. 5478: Guaranteeing Rights Against Novel International Tyranny and Extortion Act

This bill would limit U.S. courts from enforcing certain foreign court decisions or government demands that are based on foreign censorship laws. In plain terms, it is meant to stop foreign governments from using their courts or legal systems to pressure people or companies in the United States to remove, suppress, or disclose speech or expressive activity that would be protected by the First Amendment if it happened in the U.S.

What counts as a “foreign censorship law”

The bill defines this as a foreign law that:

• is mainly aimed at restricting or punishing speech, expressive conduct, or expressive association;
• targets expression based on its content, viewpoint, or who said it; or
• requires disclosure in a way that would reasonably discourage that speech or association;

and that would conflict with First Amendment protections if it were applied in the United States.

What U.S. courts would have to do

The bill says that, regardless of other federal or state laws, a U.S. court could not recognize or enforce a foreign judgment, fine, order, or demand if it is enforcing one of these foreign censorship laws. This would apply whether the foreign action comes from a foreign court or another foreign government authority.

Who could challenge enforcement

If a U.S. person is targeted by such a foreign judgment or demand, the bill would let that person go to a federal district court and ask for a declaration that the foreign judgment or demand cannot be enforced in the United States under this law.

Other legal changes

The bill also makes a related change to the federal law on when foreign states can be sued in U.S. courts, adding an exception tied to this new rule. It also makes a technical update to the table of contents for the relevant section of U.S. law.

Relevant Companies

None found