Shielding Free Speech: New Bill Allows Fast-Track Dismissal of Foreign SLAPP Lawsuits in U.S. Courts

The End Foreign Abuse of United States Courts Act creates a specialized legal 'kill switch' for lawsuits filed by foreign adversaries aimed at silencing American speech. Under the new Chapter 182 of Title 28, defendants can file a special motion to dismiss claims that target their political opinions or First Amendment activities. This isn't just a slow-burn legal defense; the bill requires courts to hit the pause button on all discovery and proceedings once the motion is filed and mandates a ruling within 90 days. It specifically targets 'covered countries'—nations designated as foreign adversaries or those with a history of frivolous litigation—and their agents who try to use our own courtrooms to bully critics.

Cutting the Paperwork and the Costs

In the real world, legal battles are often won by whoever has the deepest pockets. If a foreign entity sues a local journalist or a human rights activist for a critical blog post, the legal fees alone can be ruinous. This bill levels the playing field by creating a 'rebuttable presumption' that the winner of the dismissal motion gets their attorney fees and court costs paid for by the foreign plaintiff. Furthermore, Section 2 allows for punitive damages if the court finds the lawsuit was filed purely to harass or cause delay. This means if you're a small business owner or an independent researcher being squeezed by a foreign government's legal team, you have a path to get out of court quickly without going bankrupt.

Federal Protection for Local Speech

The bill adds a powerful procedural twist: the right to move a case from state court to federal court. Even if a foreign entity files a defamation suit in a local jurisdiction where they might feel they have an advantage, the defendant can pull the case into the federal system by filing a 'colorable' motion to dismiss. This ensures that First Amendment protections are handled with federal oversight. For example, if a tech worker in California is sued by a foreign-owned entity for whistleblowing on political censorship, that worker can skip the local backlog and seek an expedited federal ruling.

Limits and Guardrails

To keep things fair, the bill includes specific 'off-ramps' to ensure it isn't used to dodge legitimate legal accountability. The fast-track dismissal doesn't apply to standard business disputes, such as communications about selling or leasing goods, nor does it cover cases involving bodily injury or wrongful death. While there is a slight risk that defendants might try to label every disagreement as a 'covered claim' to stall for time, the bill’s 90-day ruling requirement and the potential for fee-shifting are designed to keep the process moving. It’s a targeted tool meant to stop foreign governments from treating U.S. courtrooms like their personal silencing machines.