Bipartisan US Senate Bill Targets Foreign Legal Harassment in American Courts

WASHINGTON — Two senior U.S. senators have introduced bipartisan legislation aimed at preventing foreign governments and their proxies from using American courts to intimidate critics and dissidents through costly legal battles.

The proposal, called the End Foreign Abuse of United States Courts Act, was introduced by Senators Jeanne Shaheen, ranking member of the Senate Foreign Relations Committee, and Bill Cassidy. The measure seeks to curb the use of strategic lawsuits against public participation, commonly known as SLAPP suits, filed by foreign actors against individuals living in the United States.

Lawmakers say authoritarian governments are increasingly relying on legal tactics to silence dissent beyond their borders.

“We’re seeing a worrying trend of foreign governments, like the People’s Republic of China (PRC), and their proxies, taking advantage of US courts to wage a legal war against people who are exercising their First Amendment rights,” Shaheen said.

“These SLAPP suits only have one goal: To silence and harass people who are speaking out against their oppressors,” she added.

The legislation would establish a new legal framework allowing courts to quickly dismiss lawsuits filed by foreign governments or their proxies if the cases appear intended to suppress political speech or activism.

Under current U.S. law, lawmakers say it remains relatively easy for foreign actors to bring such claims in American courts, forcing critics and dissidents to spend significant time and resources defending themselves.

Shaheen said the bill is intended to prevent U.S. courts from being misused as tools of political pressure.

“American courts shouldn’t be working in the service of authoritarian regimes,” she said. “Our legislation would put a stop to these malicious suits and put the power back where it belongs, in the hands of the people.”

If passed, the measure would create what lawmakers describe as a Foreign Sovereign Anti-SLAPP statute, raising the legal burden on foreign government plaintiffs while speeding up the dismissal of cases considered meritless.

Defendants would be able to file a special motion requesting dismissal of lawsuits brought by foreign governments or their agents when the claims are tied to political speech or public participation.

Courts would be required to dismiss such cases if the plaintiff fails to establish a credible legal basis for the claim or if there is no genuine issue of material fact.

The legislation would also pause other legal proceedings once a motion to dismiss is filed and require courts to rule on the motion within 90 days.

If the defendant prevails, courts could award attorney’s fees and costs. Judges would also have the authority to impose punitive damages if they determine the lawsuit was filed to harass or deliberately increase the cost of litigation.

The bill further specifies that foreign states would not be immune from such penalties if they are found to have pursued abusive litigation in U.S. courts.

The proposed law would apply to lawsuits brought by governments of countries designated as foreign adversaries, as well as individuals or entities substantially controlled by them, particularly when the cases target protected speech or political activity. (Source: IANS)