119-s-5478119th Congress

GRANITE Act

Sponsored By: Senator Lee, Mike [R-UT]

Introduced

Summary

This bill would block enforcement of foreign censorship judgments in U.S. courts. It would define what counts as a "foreign censorship law" by focusing on laws that restrict or penalize expression, target speech by content, viewpoint, or speaker identity, or force disclosures that chill speech, and that would conflict with First Amendment protections if recognized here. The bill would bar U.S. courts from recognizing or enforcing those foreign judgments, give U.S. persons a federal right to seek declaratory relief that such judgments are unenforceable, and add a new statutory basis under the Foreign Sovereign Immunities Act so sovereign immunity does not shield enforcement.

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  • Individuals, publishers, and platforms could file in U.S. district court to get a declaration that a foreign censorship judgment, fine, order, or demand is unenforceable. This creates a private right of action for anyone served with such a judgment.
  • Foreign courts and foreign states would be unable to have U.S. courts recognize or enforce judgments that apply foreign censorship laws. This covers judgments, fines, orders, and demands tied to those laws.
  • Federal litigation and sovereign-immunity law would change because the bill adds a new FSIA enforcement route so foreign states cannot use immunity to enforce censorship judgments in the U.S.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Bars enforcement of foreign censorship judgments

If enacted, the bill would define "foreign censorship law" as foreign rules that restrict or chill speech and that would conflict with the U.S. First Amendment. It would bar U.S. courts from recognizing or enforcing any foreign judgment, fine, order, or demand that enforces such a law. A United States person served with such a judgment, fine, order, or demand could sue in U.S. district court for a declaration that it is unenforceable. The bill would also amend sovereign immunity rules so foreign states could not use immunity to block those suits. These changes would take effect upon enactment.

Sponsors & CoSponsors

Sponsor

Lee, Mike [R-UT]

UT • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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