SPEECH Act

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The SPEECH Act, officially the Securing the Protection of our Enduring and Established Constitutional Heritage Act, is a 2010 U.S. law that blocks foreign defamation judgments from being enforced in American courts unless the foreign law offers at least as much First Amendment protection as the United States, or the defendant would have been liable under U.S. law if the case had been heard here. It was passed to counter “libel tourism,” where plaintiffs seek judgments in other countries to gain favorable outcomes.

The act adds a new provision to title 28 of the U.S. Code, creating a section called “Foreign Judgments.” It sets rules for when foreign defamation judgments can be recognized or refused in the United States and specifies burdens of proof and cost allocations. It also creates a new remedy related to defending against foreign libel claims and allows for the recovery of reasonable attorneys’ fees in certain situations. It does not grant damages to foreign plaintiffs.

The law was introduced in 2009 by Rep. Steve Cohen and was supported by a broad coalition. It passed the House in 2009 and the Senate in 2010, and President Obama signed it into law on August 10, 2010. The act is often cited as a response to cases like Dr. Rachel Ehrenfeld’s and others involved in libel disputes across borders.

Supporters include the American Library Association, the Association of American Publishers, the Reporters Committee for Freedom of the Press, and the American Civil Liberties Union. Critics say it doesn’t go far enough to protect free speech. Notable early applications include Pontigon v. Lord (Missouri, 2011), InvestorsHub v. Mina Mar Group, Trout Point Lodge v. Handshoe (appeals court ruling), and EFF v. Global Equity (2017), where the act played a role in limiting a foreign defamation claim in U.S. courts.