HB0070

Creates the Wyoming GRANITE Act to establish a cause of action against foreign states and international organizations for enforcing foreign censorship laws that violate First Amendment and Wyoming constitutional protections, and prohibits Wyoming courts and officials from recognizing or cooperating with such foreign judgments.

• Establishes legislative findings that Wyoming has a compelling state interest in protecting residents and businesses from extraterritorial enforcement of foreign censorship laws, particularly those affecting digital innovation and blockchain sectors. (Section 1)
• Creates a civil cause of action against foreign states, international organizations, and their officials who threaten to enforce, attempt to enforce, or enforce foreign censorship laws in violation of the First Amendment or Wyoming constitutional protections. (W.S. 1-44-104(a))
• Defines key terms including 'foreign censorship law' as laws restricting or penalizing expression based on content, viewpoint, or speaker identity that would violate U.S. or Wyoming constitutional protections; 'enforce' includes formal legal process, economic pressure, and indirect coercion. (W.S. 1-44-103)
• Establishes standing to sue for Wyoming residents, persons physically present in Wyoming when threatened, Wyoming business entities, and U.S. persons whose protected expression originates from or is hosted on Wyoming servers. (W.S. 1-44-105(a))
• Permits Wyoming courts to exercise personal jurisdiction over foreign states and international organizations that threaten or enforce foreign censorship laws against plaintiffs with standing, and allows venue in the plaintiff's home county, the county where the threatening communication was received, or Laramie County. (W.S. 1-44-105(b), W.S. 1-44-105(c))
• Presumes foreign censorship laws violate constitutional free speech protections unless the defendant proves by clear and convincing evidence that the law satisfies strict scrutiny and does not burden protected expression. (W.S. 1-44-106)
• Awards prevailing plaintiffs actual damages or nominal damages, statutory damages of $1,000,000 per violation (adjusted for inflation) or 10% of defendant's annual U.S.-related revenue (whichever is greater), and reasonable attorney fees and costs; provides for joint and several liability among all defendants.