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

18 Yearbook of Private International Law 245 (A. Bonomi & G. Romano eds., 2017)

UNC Legal Studies Research Paper

14 Pages Posted: 14 Jul 2017 Last revised: 17 Apr 2018

John F. Coyle

University of North Carolina School of Law

Date Written: July 6, 2017

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.

Keywords: SPEECH Act; foreign judgments; libel; slander; defamation

Suggested Citation

Coyle, John F., The SPEECH Act and the Enforcement of Foreign Libel Judgments in the United States (July 6, 2017). 18 Yearbook of Private International Law 245 (A. Bonomi & G. Romano eds., 2017); UNC Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=2998133

John F. Coyle (Contact Author)

University of North Carolina School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States
919-843-9634 (Phone)

HOME PAGE: http://www.law.unc.edu/faculty/directory/coylejohnf/

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