HOMEFRONT Act of 2026

This legislation aims to prevent the recognition and enforcement of foreign censorship laws within the United States, particularly when they target U.S. persons. It stipulates that domestic courts cannot recognize or enforce a foreign judgment or order if the conduct for which it was imposed would be protected under the First Amendment to the U.S. Constitution, or if the foreign court's exercise of personal jurisdiction did not meet U.S. due process requirements.

Furthermore, the bill prohibits the enforcement of such foreign judgments against providers of interactive computer services unless consistent with Section 230 of the Communications Act. The burden of proof for demonstrating compliance with these U.S. constitutional and statutory protections rests with the party seeking to enforce the foreign judgment. An appearance in a foreign court does not waive a party's right to challenge the judgment's recognition.

The legislation also includes provisions to protect U.S. persons from foreign censorship efforts. It explicitly states that no U.S. government official may assist a foreign government in investigating or enforcing a foreign censorship law against a U.S. person if the conduct is First Amendment-protected. Additionally, it prohibits the extradition of U.S. persons for violating foreign censorship laws under similar circumstances.

To ensure accountability and provide recourse, the bill establishes a private right of action, allowing affected U.S. persons to seek a declaratory judgment, injunctive relief, attorney's fees, and statutory damages of $25,000. The Attorney General is mandated to submit an annual report to Congress detailing instances of foreign censorship affecting U.S. persons and recommending countermeasures. The Federal Trade Commission is also directed to establish a public database of First Amendment-protected speech censored or targeted by foreign laws.