ChinaAid: Supreme Court ruling gives corporate enablers of Chinese repression a ‘free pass’

bob fu case supreme court SCOTUS
ChinaAid, a nonprofit led by president Bob Fu, filed an amicus brief in a recent case at the U.S. Supreme Court in Washington, D.C. (Photo: ChinaAid)

(Midland, Texas – June 24, 2026) After an American technology company allegedly helped Chinese authorities build surveillance tools used against persecuted religious believers, the U.S. Supreme Court has ruled that victims cannot pursue civil claims against the company for facilitating those abuses — a decision ChinaAid called “deeply disappointing.”

In a 6-3 decision issued June 23, the Court blocked claims brought by Falun Gong practitioners against California-based tech conglomerate Cisco Systems Inc. and several executives. The plaintiffs alleged the company helped Chinese authorities identify, monitor, detain, and abuse members of the religious movement through customized surveillance technology.

A spiritual movement that combines meditation exercises and moral teachings, the Falun Gong has faced a sweeping persecution campaign by the Chinese Communist Party since 1999. 

The high court did not determine whether the plaintiffs’ allegations against Cisco were true. Instead, it ruled that neither the Alien Tort Statute (ATS) nor the Torture Victim Protection Act (TVPA) provides a cause of action against Cisco for alleged assistance in such abuses.

“ChinaAid is seriously concerned and deeply disappointed by this decision,” said Rev. Dr. Bob Fu, founder and president of Texas-based nonprofit ChinaAid, which filed an amicus brief in the case.

“While the Court focused on statutory interpretation and separation-of-powers principles, the practical result is that powerful commercial entities accused of knowingly facilitating grave human rights abuses have been granted what amounts to a judicial free pass,” Fu said.

The ruling reverses a lower-court decision and sharply limits the ability of victims of religious persecution and other human rights abuses to pursue civil claims against corporations alleged to have assisted authoritarian regimes.

The Court held that federal courts cannot create new causes of action under the ATS, eliminating any basis for aiding-and-abetting claims under that statute. It also ruled that the TVPA applies only to those who directly commit torture, not those accused of facilitating or assisting it.

“When companies allegedly provide technologies, infrastructure, or services that enable governments to identify, imprison, torture, or eradicate religious believers and other vulnerable populations, accountability should not disappear simply because the abuse occurs overseas,” Fu said.

ChinaAid warned that the decision creates an accountability gap as authoritarian governments increasingly use advanced surveillance technology to target religious minorities, dissidents, and other vulnerable groups.

“This ruling risks sending exactly the wrong message to authoritarian regimes,” Fu said. “A free pass for corporate enablers of repression sets a dangerous precedent for governments such as those in China and North Korea.”

The justices emphasized that Congress retains the authority to create new legal remedies addressing such conduct.

ChinaAid said lawmakers should examine legislation ensuring that corporations and individuals who knowingly facilitate serious human rights abuses can be held accountable in U.S. courts, regardless of where those abuses occur.

“Human rights do not stop at national borders,” Fu said. “Universal rights are universal because they belong to every human being.”

Fu said ChinaAid will continue advocating for legal reforms that provide victims of persecution, torture, and transnational repression with meaningful avenues for justice.

Founded in 2002, ChinaAid is an international Christian human rights organization committed to promoting religious freedom and the rule of law in China through advocacy, legal support, and international awareness campaigns.

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