The proposed West Virginia Guaranteeing Rights Against Novel International Tyranny and Extortion (GRANITE) Act aims to safeguard the constitutional rights of residents and businesses from foreign censorship laws that infringe upon U.S. and state constitutional provisions. The bill introduces new legal language that establishes a cause of action against foreign states and international organizations for enforcing such laws, providing clear standing, jurisdiction, and venue for affected individuals. It also includes provisions for alternative service of process, a statute of limitations, and remedies, while imposing joint and several liability on foreign entities involved in censorship. Additionally, the bill presumes that any foreign censorship law violates the First Amendment and relevant state constitutional provisions, allowing defendants to rebut this presumption under strict scrutiny standards.
Moreover, the bill prohibits state courts from recognizing or enforcing foreign judgments that impose liability based on protected expression and restricts state cooperation with foreign entities in these matters. It outlines specific actions that state and local governments cannot take, such as arresting individuals based on foreign extradition requests related to protected expression. The Attorney General is tasked with creating rules to help law enforcement identify conflicting foreign judgments. The act is set to take effect on July 1, 2026, reinforcing West Virginia's commitment to protecting free speech and fostering a predictable legal environment for economic growth.
Statutes affected: Introduced Version: 55-22-1, 55-22-2, 55-22-3, 55-22-4, 55-22-5, 55-22-6, 55-22-7, 55-22-8, 55-22-9, 55-22-10, 55-22-11, 55-22-12