S. 449 would protect free speech.
Detailed Summary
Free Speech Protection Act of 2009 - Allows any U.S. person against whom a lawsuit for defamation is brought in a foreign country for defamation on the basis of the content of any speech by that person that has been published, uttered, or otherwise disseminated in the United States to bring an action in a U.S. district court against any person who, or entity which, brought the suit, if: (1) the speech at issue in the foreign lawsuit does not constitute defamation under U.S. law; and (2) the person or entity which brought the foreign lawsuit serves or causes to be served any documents in connection with such foreign lawsuit on a U.S. person.
Allows the award of treble damages if it is determined by a preponderance of the evidence that the person or entity bringing the foreign lawsuit intentionally engaged in a scheme to suppress rights under the First Amendment to the Constitution by discouraging publishers or other media from publishing, or by discouraging financial supporters from employing, retaining, or supporting the research, writing, or other speech of an individual.
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Status of the Legislation
Latest Major Action: 2/13/2009: Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.
Points in Favor
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Points Against
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Visitor Comments
Terry Slenn
March 17, 2009, 2:10pm (report abuse)This bill sounds like a good idea at first. It protects our citizens from the lawsuits of those outside the country and preserves freedom of speech in a global society. However, we have no way to enforce it. The whole bill is based on activities that occur in foreign nations where we have no jurisdiction.
Connor X.
May 14, 2009, 6:47am (report abuse)A democratic country is ought to exhibit the policy on freedom of speech. Brian Jennings has an axe to grind. Brian Jennings is the author of Censorship, a book about how conservative talk radio is a target of censorship by the Obama administration and others. The books website, censorshipbook.com, has more details. The book comes out right before the Henry Waxman's investigation of talk radio, and also an upcoming set of FCC hearings on the matter. Largely, it has to do with conservative talk radio run amok, which is restricting free speech. It is worth payday loans and more to preserve the freedom of speech, even if you don't agree with what Brian Jennings has to say.
Ruth T
August 21, 2009, 2:02pm (report abuse)Terry,
This bill brings the jurisdiction to the United States -- that's one purpose of the bill.
Connor, what are you talking about? Certainly not this bill because it has nothing to do with talk radio, Brian Jennings or censorship.
Bill3987
January 23, 2010, 4:13pm (report abuse)Re Terry Slenn comment: We certainly do have "jurisdiction." The bill would block enforcement of such frivolous foreign libel judgments in the U.S., against U.S. citizens.