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Reply #5: Those are already protected under the First Amendment (Full text of bill here) [View All]

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TechBear_Seattle Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-25-08 05:29 PM
Response to Reply #2
5. Those are already protected under the First Amendment (Full text of bill here)
Edited on Fri Jul-25-08 05:30 PM by TechBear_Seattle
This will only affect recognition of foreign charges of defamation.

The bill itself is very short. The entire text reads:

A BILL

To amend title 28, United States Code, to prohibit recognition and enforcement of foreign defamation judgments.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. FINDINGS; PURPOSE.

(a) Findings- Congress finds the following:

(1) The first amendment of the Constitution of the United States prohibits the abridgment of freedom of speech.

(2) Freedom of speech is fundamental to the values of American democracy.

(3) In light of the constitutional protection our Nation affords to freedom of speech, the Supreme Court has modified the elements of the common law tort of defamation to provide more protection for defendants than would be available at common law, including providing special protections for political speech.

(4) The courts of other countries, including those that otherwise share our Nation's common law and due process traditions, are not constrained by the first amendment and thus may provide less protection to defamation defendants than our Constitution requires.

(5) While our Nation's courts will generally enforce foreign judgments as a matter of comity, comity does not require that courts enforce foreign judgments that are repugnant to our Nation's fundamental constitutional values, in particular its strong protection of the right to freedom of speech.

(6) Our Nation's courts should only enforce foreign judgments as a matter of comity when such foreign judgments are consistent with the right to freedom of speech.

(b) Purpose- The purpose of this Act is to protect the right to freedom of speech under the first amendment to the Constitution of the United States from the potentially weakening effects of foreign judgments concerning defamation.

SEC. 2. RECOGNITION OF FOREIGN DEFAMATION JUDGMENTS.

(a) In General- Part VI of title 28, United States Code, is amended by adding at the end the following:

`CHAPTER 181--FOREIGN JUDGMENTS

`SEC. 4101 RECOGNITION OF FOREIGN DEFAMATION JUDGMENTS.

`(a) First Amendment Considerations- Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment concerning defamation unless the domestic court determines that the foreign judgment is consistent with the first amendment to the Constitution of the United States.

`(b) Definitions- For purposes of this section:

`(1) COURT- The term `court' means a court, administrative body, or other tribunal.

`(2) DEFAMATION- The term `defamation' means libel, slander, or any other cause of action primarily based on a published communication.

`(3) DOMESTIC COURT- The term `domestic court' means a State court or a Federal court.

`(4) FOREIGN COURT- The term `foreign court' means a court of a foreign country.

`(5) FOREIGN JUDGMENT- The term `foreign judgment' means a final judgment rendered by a foreign court.'.

(b) Clerical Amendment- The table of chapters for part VI of title 28, United States Code, is amended by adding at the end the following:
4101'.

Text


As you see, it makes no specific mention of blasphemy; it would simply require that, for a US court to recognize a charge of defamation, the law under which that charge was levied must be consistent with the First Amendment. Because the First Amendment already allows you to say, "Muhammad was a pedophile and Allah sucks rocks," a charge of blasphemy or defamation of the Prophet levied by a foreign country could not be recognized by the US.
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