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Congress·In Committee·S. 3983

Sens. Shaheen and Cassidy Push Bill to Stop Foreign Adversaries From Suing U.S. Critics into Silence

End Foreign Abuse of United States Courts Act

15 days ago·View on Congress.gov

Legislative Progress

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House
President
Law

Key Points

  • This bill creates a fast-track way to throw out "bully lawsuits" (called SLAPP suits) filed by foreign adversaries or their agents against Americans for exercising their free speech or political activity. The goal is to stop hostile governments from using U.S. courts to silence critics.

    From policy text

    “To amend title 28, United States Code, to establish a procedure to dismiss strategic lawsuits against public participation brought by governments, agents, instrumentalities, and entities of foreign adversaries and other countries that have engaged in a pattern of frivolous litigation against United States persons intended to deter the free exercise of rights under the First Amendment to the Constitution of the United States”
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  • If a court finds the lawsuit qualifies as a "covered claim" brought by a foreign adversary, the case must be dismissed with prejudice—meaning it can't be refiled—unless the foreign party can prove the lawsuit has real legal merit under the same standard used for summary judgment.
  • Once an American files the special motion to dismiss, almost all other parts of the lawsuit are frozen—including expensive evidence-gathering (discovery)—so the legal process itself can't be used as a weapon to drain someone's finances. The court must rule within 90 days.

    From policy text

    “upon the filing of a special motion to dismiss under this chapter with respect to a claim, all other proceedings between the moving party and responding party that are related to the claim, including discovery proceedings and any pending hearing or motions, shall be stayed until notice of entry of an order disposing of the special motion to dismiss”
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  • If the American wins and the case is dismissed, the foreign government or entity would generally have to pay the American's attorney fees and court costs. The judge can also impose punitive damages for especially harassing lawsuits, and foreign states cannot claim immunity from these penalties.

    From policy text

    “If the moving party prevails on a special motion to dismiss under this chapter, there shall be a rebuttable presumption that the moving party is entitled to an award of reasonable attorneys' fees and costs.”
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  • "Covered countries" include those listed as foreign adversaries (like China, Russia, Iran, and North Korea) plus any country the Secretary of State determines has engaged in a pattern of frivolous litigation targeting Americans' First Amendment rights.
  • The law includes common-sense exceptions: it doesn't apply to regular business disputes, personal injury or wrongful death cases, or lawsuits brought by the U.S. government. It would apply to any new lawsuit filed after enactment, even if the speech happened before the law was passed.
Civil RightsNational Security Foreign PolicyCriminal Justice

Impact Analysis

Personal Impact

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

Milestones

2 milestones2 actions
Mar 4, 2026Senate

Read twice and referred to the Committee on the Judiciary.

Mar 4, 2026

Introduced in Senate

What Happens Next

Projected impacts based on AI analysis

Upon enactment (date uncertain)

Law takes effect immediately upon enactment, applying to any new lawsuits filed from that date forward

Americans sued by foreign adversaries for their speech could immediately use the new special motion to dismiss. Cases already filed before enactment would not be covered.

Ongoing after enactment

Secretary of State may designate additional countries whose governments or citizens engage in patterns of frivolous litigation against Americans

The list of countries covered by this law could expand beyond the current foreign adversary list, broadening protections for Americans targeted by governments not currently classified as adversaries.

Source Information

Document Type

Congressional Bill

Official Title

End Foreign Abuse of United States Courts Act

Bill NumberS 3983
Congress119th Congress
ChamberSenate
Latest ActionRead twice and referred to the Committee on the Judiciary.

Sponsor

Cosponsors

(1)
R: 1

Analysis generated by AI. Always verify with official sources.