The Speech Act and the Enforcement of Foreign Libel Judgments in the United States

Abstract

This essay for the Yearbook of Private International Law discusses the Securing the Protection of Our Enduring and Established Constitutional Heritage Act (SPEECH Act) enacted by the U.S. Congress in 2010. The Act sought to address the perceived problem of libel tourism - the decision by plaintiffs in defamation suits to sue in jurisdictions with minimal ties to the case but with plaintiff-friendly substantive law - and has generated considerable discussion and commentary in the years since it was enacted. The essay first provides an overview of the Act. It then reviews the U.S. cases that have interpreted and applied the Act. It concludes by surveying the academic commentary relating to the Act.