The Question and Answer Board

[IH Geek [Dave]]

This is an important day for freedom, and a fatal blow to those who would attempt to silence our collective rights using foreign laws as their sword.

It is our great pleasure to announce today's enactment of the SPEECH ACT, otherwise known as the "Securing the Protection of our Enduring and Established Constitutional Heritage" Act. This is important legislation, not only for websites such as as iHub but also for individuals who wish to exercise their constitutionally protected right to express their views.

The new legislation, which was signed into law today, is based on the similar laws passed by New York, Florida and other states. It prohibits enforcement of foreign libel judgments in all U.S. courts of law when the foreign laws are not as protective as American law or do not comport with U.S. principles of due process. It also requires US courts to apply the immunity provided by 47 USC 230 with regard to foreign judgments against interactive websites like iHub. And perhaps most importantly, it provides the jurisdictional authority for US courts to issue declaratory judgments in favor of the US defendants in such foreign judgments, and provides for recovery of legal costs in incurred in doing so. No longer will US citizens and business be held hostage to libel judgments obtained in countries with archaic libel laws that do not respect the constitutional and statutory protections provided by US law.

It should also be noted that this bipartisan legislation passed both the House and the Senate unanimously. That speaks strongly to the will of Congress and the American people; in this age there are scant few matters before the Congress that would garner unanimous support.

Our thanks and congratulations go to Congressman Steve Cohen for originally proposing this legislation, and to Dr. Rachel Ehrenfeld who spearheaded support for the legislation. We also acknowledge the members of both parties in the Judiciary Committees of the House and Senate for getting the legislation right and getting it enacted without opposition.

We recognize and congratulate those of you who have held your ground in the face of intimidation from foreign operators.

Video of Congressman Steve Cohen describing the legislation immediately prior to its final passage by the House:

Want to read more? Here's an article outlining the provisions of the new law. http://www.dwt.com/LearningCenter/Advisories?find=311967

I'll post a follow up shortly that discusses how this new law affects iHub and all of you who participate here. For a primer, please refer to my 2009 post for the history of a related matter.