GovTrack’s Bill Summary
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H.R. stands for House of Representatives bill.
This bill was enacted after being signed by the President on August 10, 2010.
Last updated Aug 25, 2010.
|Referred to Committee|
|Reported by Committee|
|Passed Senate with Changes|
|House Agreed to Changes|
|Signed by the President|
To amend title 28, United States Code, to prohibit recognition and enforcement of foreign defamation judgments and certain foreign judgments against the providers of interactive computer services.
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No summaries available.
Click a format for a citation suggestion:
H.R. 2765--111th Congress: Securing the Protection of our Enduring and Established Constitutional Heritage Act. (2009). In www.GovTrack.us. Retrieved March 12, 2014, from http://www.govtrack.us/congress/bills/111/hr2765
“H.R. 2765--111th Congress: Securing the Protection of our Enduring and Established Constitutional Heritage Act.” www.GovTrack.us. 2009. March 12, 2014 <http://www.govtrack.us/congress/bills/111/hr2765>
|title=H.R. 2765 (111th)
|accessdate=March 12, 2014
|author=111th Congress (2009)
|date=June 9, 2009
|quote=Securing the Protection of our Enduring and Established Constitutional Heritage Act
We don’t have a summary available yet.
The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.
The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.
This summary can be found at http://www.gop.gov/bill/111/1/hr2765.
The First Amendment to the United States Constitution reads "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." The freedom of speech, religion, and assembly is a fundamental right in the United States, however many foreign countries do not provide this right to their citizens.
The courts of these foreign nations are not constrained by the First Amendment and thereby provide less protection to defamation defendants than our Constitution requires. Our nation generally will enforce foreign judgments as a matter of comity. The purpose of this legislation is to protect freedom of speech under the First Amendment from the potentially weakening effects of foreign judgments concerning defamation. In certain countries without First Amendment protections, people have brought suits against U.S. citizens and tried to freeze their assets. In 2008, New York passed a similar law that prohibited State judges from enforcing defamation suits unless the court found that the nation where the suit was brought had at least the same level of free speech rights as the U.S. and the State.
H.R. 2765 would prohibit any U.S. court from enforcing a foreign judgment for defamation if a party to that judgment claims, and the court determines, that the judgment is inconsistent with the First Amendment to the Constitution.
The bill would prohibit a U.S. court from enforcing a foreign defamation judgment if the foreign court did not comport with due process requirements. The bill would also allow parties that defend themselves from foreign defamation suits to receive reasonable attorney's fees from the party brining suit.
A CBO score for H.R. 2765 is not yet available. The legislation does not authorize any expenditures.
The House Democratic Caucus does not provide summaries of bills.
So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.
We’ll be looking for a source of summaries from the other side in the meanwhile.
The bill contains the following citations to other parts of U.S. law:
The United States Code is the compilation of general and permanent laws enacted by Congress. Laws that are not permanent in nature, law that affect a single individual, family, or small group, regulations, case law, state law, and local law do not appear in the United States Code.