Stanford Law Students Draft Bill to Stop China From Using US Courts as a Playground for Political Harassment – Because Even China Needs a Playground
What’s Happening at a Glance
- Senators Shaheen and Cassidy unveil bipartisan Foreign Anti‑SLAPP Act to curb foreign authoritarian lawsuits in U.S. courts.
- Stanford Law School’s Law & Policy Lab turns research into real‑world legislation, with students drafting the bill’s key language.
- The act targets state‑owned companies and proxies that file meritless suits to silence critics, while preserving legitimate claims.
- The bill seeks early dismissal mechanisms and safeguards against misuse, modeled after domestic anti‑SLAPP statutes.
Summary
In March 2026, Democratic Senator Jeanne Shaheen and Republican Senator Bill Cassidy introduced the bipartisan Foreign Anti‑SLAPP Act, a legislative effort to protect U.S. courts from being weaponized by foreign authoritarian regimes and their proxies. The bill was born out of a 2023‑24 Law & Policy Lab at Stanford Law School, where Professor Diego Zambrano and his students – Will Moss, Leo Rassieur, and Remeny White – translated academic research into actionable policy. The legislation would create a mechanism for early dismissal of lawsuits that are aimed at suppressing protected expression, drawing on domestic anti‑SLAPP models but tailored to the foreign‑sovereign context.
Key cases that spurred the bill include a Chinese dissident sued by a state‑owned company in California and Turkey’s attempt to target Fethullah Gülen in Pennsylvania through government‑backed private plaintiffs. Zambrano has testified before Congress on how such suits can burden journalists, dissidents, and critics without any realistic chance of success. The students’ drafting work focused on narrowly defining the scope of the law to avoid sweeping away legitimate claims while preventing abuse of the judicial system for political repression.
If enacted, the Foreign Anti‑SLAPP Act would give U.S. courts a tool to dismiss foreign‑initiated suits that threaten free speech, thereby reducing litigation costs and protecting the rights of critics and journalists. It also signals a broader U.S. commitment to safeguarding the rule of law against transnational political harassment.
Why This Is Happening
The bill reflects a growing recognition that U.S. civil litigation has become a battleground for foreign governments seeking to silence dissent abroad. Historically, domestic anti‑SLAPP statutes have protected free speech by allowing early dismissal of meritless suits, but no federal law has addressed the unique challenges posed by foreign state actors. Professor Zambrano’s 2022 article, “Foreign Dictators in U.S. Court,” highlighted the gap in U.S. law and prompted congressional testimony. The bipartisan sponsorship by Shaheen and Cassidy signals a shared concern across party lines that foreign interference in U.S. courts undermines both domestic legal integrity and international human rights. The Law & Policy Lab’s involvement demonstrates a new model of policy‑making where academic research directly informs legislation, ensuring that the bill is grounded in empirical evidence and practical design.
Impact on Americans
- Journalists, activists, and ordinary citizens gain stronger legal protection against costly, politically motivated lawsuits.
- Lower litigation costs and faster resolutions reduce financial and emotional burdens on individuals targeted by foreign regimes.
- The law may deter foreign governments from using U.S. courts as a tool of repression, fostering a safer environment for free expression.
- Businesses and investors benefit from a more predictable legal landscape, reducing the risk of politically driven litigation that could harm reputations or operations.
