To amend title 28, United States Code, to prohibit recognition and enforcement of foreign defamation judgments.

The first amendment of the Constitution of the United States prohibits the abridgment of freedom of speech.

Freedom of speech is fundamental to the values of American democracy.

In light of the constitutional protection our Nation affords to freedom of speech, the Supreme Court has modified the elements of the common law tort of defamation to provide more protection for defendants than would be available at common law, including providing special protections for political speech.

The courts of other countries, including those that otherwise share our Nation’s common law and due process traditions, are not constrained by the first amendment and thus may provide less protection to defamation defendants than our Constitution requires.

While our Nation’s courts will generally enforce foreign judgments as a matter of comity, comity does not require that courts enforce foreign judgments that are repugnant to our Nation’s fundamental constitutional values, in particular its strong protection of the right to freedom of speech.

Our Nation’s courts should only enforce foreign judgments as a matter of comity when such foreign judgments are consistent with the right to freedom of speech.