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Question
In Yahoo! v. La Ligue Contre Racisme et L'Antisemitisme, Yahoo! ran an auction site that allowed user to post and sell items to buyers from around the world. Yahoo!'s policies for the items being sold included prohibitions on particular illegal items from being sold. It also told sellers that they could not list items in jurisdictions where the sale of the item would violate the jurisdiction's applicable laws. La Ligue Contre Racisme et L'Antisemitisme (LICRA) sued Yahoo! in France under a French law prohibiting the sale of Nazi and Third Reich related items. The French court held that Yahoo! violated the French code with their sale. Yahoo! filed a suit in U.S. District court claiming that the ban infringed on impermissibly on its rights under the U.S. Constitution's First Amendment and asked that the court find that the French court's holding was not enforceable under American law. The district court held that:A.U.S. courts are bound by foreign judgments if the two countries both recognize the sovereignty of each other.
B.U.S. courts are not bound by foreign judgments if the judgment is inconsistent with Constitution and laws of the United States.
C.U.S. courts are bound by foreign judgments based on the principles set forth through comity and the Vienna Treaty.
D.U.S. courts are not bound by foreign judgments based on the idea of sovereign immunity.
Answer
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Related questions
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