Securing the Protection of our Enduring and Established Constitutional Heritage Act
Public Law 111-223 · H.R. 2765 · 111th Congress · began in the House
Signed by Barack Obama (D) on Aug 10, 2010 · Law
Sponsor: Rep. Steve Cohen (D-TN-9)
Cosponsors (11): Rep. Darrell Issa, Rep. John Conyers,
Passage votes
- HouseVoice vote
- SenateUnanimous consent
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
Securing the Protection of Our Enduring and Established Constitutional Heritage Act or SPEECH Act - (Sec. 3) Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation unless the domestic court determines that: (1) the defamation law applied in the foreign court's adjudication provided at least as much protection for freedom of speech and press in that case as would be provided by the First Amendment to the Constitution and by the constitution and law of the state in which the domestic court is located; or (2) even if the defamation law applied in the foreign court's adjudication did not provide as much protection for freedom of speech and press as the First Amendment to the Constitution and law of the state, the party opposing recognition or enforcement of that foreign judgment would have been found liable for defamation by a domestic court applying the First Amendment to the Constitution and the constitution and law of the state in which the domestic court is located.
Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation unless the domestic court determines that the exercise of personal jurisdiction by the foreign court comported with the due process requirements imposed on domestic courts by the Constitution. Requires the party seeking recognition or enforcement of the foreign judgment to bear the burden of making the showing that the foreign court's exercise of personal jurisdiction comported with such due process requirements.
Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation against the provider of an interactive computer service unless the domestic court determines that the judgment would be consistent with provisions of the Communications Act of 1934 affording protection for private blocking and screening of offensive material, if the information that is the subject of such judgment had been provided in the United States. Requires the party seeking recognition or enforcement of the foreign judgment to bear the burden of establishing that the judgment is consistent with such provisions.
Provides that an appearance by a party in a foreign court rendering a foreign judgment to which this Act applies shall not deprive such party of the right to oppose the recognition or enforcement of the judgment under this Act, or represent a waiver of any jurisdictional claims.
Allows removal by any defendant to the U.S. district court for the district and division embracing the place where such action is pending, without regard to the amount in controversy, of any action brought in a state domestic court to enforce a foreign judgment for defamation in which: (1) any plaintiff is a citizen of a state different from any defendant; (2) any plaintiff is a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a state; or (3) any plaintiff is a citizen of a state and any defendant is a foreign state or citizen or subject of a foreign state.
Provides that any U.S. person, against whom a foreign judgment is entered on the basis of the content of any writing, utterance, or other speech by that person that has been published, may bring an action in a U.S. district court for a declaration that the foreign judgment is repugnant to the Constitution of laws of the United States.
Allows the award of reasonable attorney fees under certain conditions if the party opposing recognition or enforcement of the judgment prevails.
Expresses the sense of the Congress that, for the purpose of pleading a cause of action for a declaratory judgment, a foreign judgment for defamation or any similar offense shall constitute a case of actual controversy under the federal judicial code.
Committees
The committees the bill was sent to, and what each did with it.
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Related bills
1 bill the Library of Congress relates to this one.
S. 3518Related bill
SPEECH Act
Data notes
Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 29 actions.
- Aug 10, 2010Became lawBecame law · Became Public Law No: 111-223.
- Became lawBecame law · Signed by President.
- Jul 29, 2010FloorFloor · Presented to President.
- Jul 27, 2010Resolving differencesResolving differences · Motion to reconsider laid on the table Agreed to without objection.
- Resolving differencesResolving differences · On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.
- Resolving differencesResolving differences · Mr. Cohen moved that the House suspend the rules and agree to the Senate amendment.
- FloorFloor · DEBATE - The House proceeded with forty minutes of debate on the motion to supend the rules and agree to the Senate amendment to H.R. 2765.
- OtherOther · Cleared for White House.
- OtherOther · Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote.
- Jul 19, 2010FloorFloor · By Senator Leahy from Committee on the Judiciary filed written report. Report No. 111-224. Additional views filed.
- FloorFloor · Message on Senate action sent to the House.
- FloorFloor · Passed Senate with an amendment by Unanimous Consent.
- Jul 14, 2010CalendarCalendar · Placed on Senate Legislative Calendar under General Orders. Calendar No. 460.
- CommitteeCommittee · Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
- Jul 13, 2010CommitteeCommittee · Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
- Feb 23, 2010CommitteeCommittee · Committee on the Judiciary. Hearings held.
- CommitteeCommittee · Hearings by Senate Judiciary Committee
- Jun 16, 2009CommitteeCommittee · Received in the Senate and Read twice and referred to the Committee on the Judiciary.
- Jun 15, 2009FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
- FloorFloor · DEBATE - The House proceeded with forty minutes of debate on H.R. 2765.
- FloorFloor · Considered under suspension of the rules.
- FloorFloor · Mr. Cohen moved to suspend the rules and pass the bill, as amended.
- CalendarCalendar · Placed on the Union Calendar, Calendar No. 77.
- CommitteeCommittee · Reported by the Committee on Judiciary. H. Rept. 111-154.
- Jun 10, 2009CommitteeCommittee · Ordered to be Reported by Voice Vote.
- CommitteeCommittee · Committee Consideration and Mark-up Session Held.
- Jun 9, 2009CommitteeCommittee · Referred to the House Committee on the Judiciary.
- IntroducedIntroduced · Introduced in House
Data notes
Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.
Amendments
No amendments to this bill are on record.
Data notes
Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.
Official record
The bill’s full text is on Congress.gov. Data through Oct 7, 2026.