The Article begins with a review of the relevant rules governing enforcement of foreign judgments in the United States. Part II explains how courts have unpersuasively applied these rules when refusing to enforce foreign libel judgments. Part III then explains how the Yahoo! court adopted much of this faulty reasoning. Finally, Part IV explains the considerations that better justify judicial refusal to enforce speech-restrictive foreign judgments, especially those triggered by Internet speech. The Article concludes that the prospect that U.S. Internet speakers will choose to speak only to a U.S. audience-even when their speech would be legal everywhere-is the most serious problem with enforcing speech-restrictive foreign judgments triggered by Internet speech.
Molly S. Houweling,
Enforcement of Foreign Judgements, The First Amendment, and Internet Speech: Notes for the Next Yahoo! V. Licra,
Mich. J. Int'l L.
Available at: http://repository.law.umich.edu/mjil/vol24/iss3/3