Why might an American court refuse to recognize an English defamation judgment?

An American court may refuse to recognize an English defamation judgment if it determines that the foreign judgment violates U.S. constitutional principles, specifically those protecting freedom of speech and the press.1

In the United States, the First Amendment provides robust protections for public debate. Under the landmark ruling in New York Times Co. v. Sullivan, a defamation claim involving a public figure or official can only succeed if the complainant proves "actual malice"—meaning the statement was made with knowledge of its falsity or with reckless disregard for the truth.23

English substantive and procedural law regarding defamation—such as the burden of proof—often differs from these American standards. If an English court applies legal rules that are fundamentally inconsistent with U.S. constitutional protections, an American court may decline to enforce the resulting judgment on the grounds that it offends the public policy of the recognizing state.1