End Foreign Abuse of United States Courts Act

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.
• 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.
• 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.
• "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.

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