U.S. courts would reject foreign censorship demands that violate speech protections

U.S. courts would refuse to recognize or enforce covered foreign judgments, fines, orders, and demands. The restriction would cover judgments and other demands from foreign courts or governments that enforce these laws. The foreign law must mainly aim to restrict or punish expression, have a substantial effect of doing so, target expression by content, viewpoint, or speaker identity, or force disclosures that would reasonably discourage expression. Expression includes speech, expressive actions, and joining with others to express views. Recognizing the law in the United States must also conflict with First Amendment protections.

A U.S. person could ask a federal district court to declare a covered foreign judgment or demand unenforceable. Only U.S. persons could sue, once a judgment is entered against them or a covered demand is served or claimed to have been served. The challenge must concern a foreign censorship judgment, fine, order, or demand covered by the enforcement restriction. Foreign governments could not use their usual protection from lawsuits to block a case under this section.