Wyoming could soon become the first state to enact a law to empower citizens censored online by foreign governments.
The Media Research Center has repeatedly emphasized that foreign government pressure for online censorship can impact American citizens, as it has happened in France and the United Kingdom. Wyoming’s newly proposed “Granite Act” would allow residents to take civil lawsuits against censorship that occurs based on foreign laws.
Attorney Preston Byrne, who has lobbied for the legislation, shared a draft proposal on his website on Wednesday. “If we get corresponding federal action, this law – and laws like it – could represent the single greatest victory for global free speech in thirty years,” he said.
The draft, introduced by Wyoming state Rep. Daniel Singh, includes provisions to create a “private right of action against foreign censorship threats, attempts and enforcement.”
The bill also aims to establish “personal jurisdiction, venue and alternative service,” while imposing “joint and several liability across foreign states, agencies or instrumentalities, and responsible foreign officials (subject to federal law).”
Additionally, the bill also provides remedies and “nonrecognition of certain foreign judgments,” meaning the state will not recognize penalties and fines imposed by foreign authorities. Other details include FSIA savings. This refers to the Foreign Sovereign Immunities Act.
Wyoming citizens and entities, as well as those from other states but based in Wyoming at the time of the censorship, can bring civil action against the foreign government-triggered censorship, according to the bill text.
Furthermore, the proposed bill details plaintiff would be allowed to sue “any foreign state, political subdivision, agency or instrumentality, and any officer, employee or other person acting under color of foreign law who threatens to enforce, attempts to enforce, or enforces a foreign censorship law against the plaintiff.”
If successful in court, the Granite Act would allow plaintiffs to be awarded “treble” the damages, along with $10 million in compensation for statutory damages. Plaintiffs could also obtain the equivalent of attorney fees, injunctive and declaratory relief and three times the amount of the proposed fine from the foreign government. Americans who violate the Act in some way could also face penalties.
The Act cites specific examples of foreign censorship, including threatened fines against the platform 4chan for violating the U.K. Online Safety Act. Another cited example was Brazilian Justice Alexandre de Moraes insisting on specific censorship from X and Truth Social.
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