"Libel Tourism": When Freedom of Speech Takes a Holiday

By Adam Cohen

When Rachel Ehrenfeld wrote "Funding Evil: How Terrorism Is Financed and How to Stop It," she assumed she would be protected by the First Amendment. She was in the United States. But a wealthy Saudi businessman she accused in the book of being a funder of terrorism, Khalid bin Mahfouz, sued in Britain, where the libel laws are heavily weighted against journalists, and won a sizable amount of money.

The lawsuit is a case of what legal experts are calling "libel tourism." Ms. Ehrenfeld is an American, and "Funding Evil" was never published in Britain. But at least 23 copies of the book were sold online, opening the door for the lawsuit. When Ms. Ehrenfeld decided not to defend the suit in Britain, Mr. bin Mahfouz won a default judgment and is now free to sue to collect in the United States.

The upshot is a First Amendment loophole. In the Internet age, almost every American book can be bought in Britain. That means American authors are subject to being sued under British libel law, which in some cases puts the initial burden on the defendant to prove the truth of what she has written. British libel law is so tilted against writers that the United Nations Human Rights Committee criticized it last month for discouraging discussion of important matters of public interest. Read more ...

Source: The New York Times

RACHEL's LAW unanimously Passed by NY Legislators

Legislature Passes Libel Terrorism Protection Act To Protect American Journalists and Authors From Overseas Defamation Lawsuits

Albany, NY (March 31, 2008) – The New York State Legislature today unanimously passed the “Libel Terrorism Protection Act” (S.6687/A.9652), sponsored by Assemblyman Rory Lancman (D-Queens) and Senate Deputy Majority Leader Dean G. Skelos (R-Rockville Centre).

When signed into law by Governor David Paterson, this legislation will protect American journalists and authors from foreign lawsuits that infringe on their First Amendment rights.

In Ehrenfeld v. Mahout, New York State’s highest court held that it would not protect Dr. Ehrenfeld from a British lawsuit filed by Saudi billionaire Khalid Salim Bin Mahfouz, where she was ordered to pay over $225,000 in damages and legal fees to Bin Mahfouz, as well as apologize and destroy existing copies of her books.

Dr. Ehrenfeld sought a court order in November of 2006 to protect her constitutional rights, but in a ruling with national First Amendment implications which sent legal shockwaves throughout newsrooms across America, as well as potentially undermining our ability to expose terrorism’s financial and logistical support networks, the New York Court of Appeals ruled that it does not have jurisdiction to protect Americans – on U.S. soil – from foreign defamation judgments, which contradict the First Amendment to the United States Constitution.

The Libel Terrorism Protection Act declares overseas defamation judgments unenforceable in New York unless the foreign defamation law provides, in substance and application, the same free speech protections guaranteed under our own constitution, and it gives New York residents and publishers the opportunity to have their day in court here in New York.

“This is a great day for free speech and freedom of the press, and I urge Governor Paterson to quickly sign this legislation into law. This law will protect our journalists and authors from trumped up libel charges in kangaroo courts in overseas jurisdictions which don’t share our commitment to free speech and freedom of the press,” said Lancman.

“This law will give New York's journalists, authors and press the protection and tools they need to continue to fearlessly expose the truth about terrorism and its enablers, and to maintain New York's place as the free speech capitol of the world,” Lancman concluded. Lancman’s remarks on the Assembly floor are viewable here.

“The truth is a critically-important component in the War on Terror,” said Senator Skelos. “This important new law will protect American authors and journalists who expose terrorist networks and their financiers. In its decision, the Court of Appeals called upon the State Legislature to revise the law. Today, we made clear that New York State will safeguard the First Amendment and these courageous writers.”

Source: American Center For Democracy

NY State's "Libel Terrorism Protection Act"

By David Horowitz

As the head of The David Horowitz Freedom Center and Editor-in-Chief of Frontpagemag.com, I welcome the bipartisan "Libel Terrorism Protection Act" (A-9652 and S-6687), which was introduced two weeks ago in the New York Assembly and Senate by Assemblyman Rory Lancman (D) and Senator Dean Skelos (R). The bill was introduced to protect New York authors and publishers who expose terrorism and terrorist financiers from meritless defamation lawsuits filed in foreign courts.

A wealthy Saudi has now successfully silenced more than 40 authors and publishers, including many Americans, through threats and lawsuits in the U.K., which has notoriously plaintiff-friendly libel laws. Dr. Ehrenfeld, author of Funding Evil: How Terrorism is Financed and How to Stop It (http://www.acdemocracy.org) was sued by Saudi billionaire Khalid bin Mahfouz in a London court, despite the fact that the book was never published in England and neither Ehrenfeld nor bin Mahfouz reside there. Ehrenfeld refused to acknowledge the British court which ruled against her by default. The Court ordered large monetary damages, a "declaration of falsity" against the book, a demand for a public apology, an injunction against U.K. publication, and the destruction of the book. Read more ...

Source: FrontPage Magazine

Muslims Against Sharia encourage every moderate Muslim to vocally support this initiative.

Dean G. Skelos
Deputy Majority Leader for Legislative Operations
9th Senate District
55 Front Street
Rockville Centre, NY 11570
(516) 766-8383
Fax: (516) 766-8011

Assemblyman Rory Lancman
New York State Assembly, 25TH District
77-40 170th Street
Fresh Meadows, NY 11366
Tel: 718-820-0241
Fax: 718-820-0414
718-820-0241 (District Office)
rlancman@nyad25.org

The chair persons of the Assembly and Senate Judiciary Committees:

John A. DeFrancisco
http://senatordefrancisco.org/50/default.aspx (Senate) jdefranc@senate.state.ny.us
Fax: 518-426-6952 or 315-472-4157

Helene E. Weinstein
http://assembly.state.ny.us/mem?ad=041 (Assembly) weinsth@assembly.state.ny.us
Fax: 718-769-4846

Urgent! Please Help Pass the "Libel Terrorism Protection Bill"

Dear Friends,

The bi-partisan "Libel Terrorism Protection Act" ( S.6687/A.9652), was introduced two weeks ago in the New York Assembly and Senate by Assembly Members, Rory Lancman (D) and Senator Dean Skelos (R). This bill was introduced to protect New York authors who expose terrorism and terror funding from libel lawsuits filed in foreign courts. If U.S. legislators do not act to stop these lawsuits, the ramifications will be chilling and ominous. A wealthy Saudi has now successfully silenced more than 40 authors and publishers, including many Americans, through threats and lawsuits. Dr. Rachel Ehrenfeld, author of Funding Evil; How Terrorism is Financed – And How to Stop It (www.acdemocracy.org), was a target of one of those lawsuits. The Association of American Publishers (AAP) strongly supports this bill.

We need to mount a massive campaign--NOW--or this bill will die. America, not only New York, needs this legislation. This matter is CRITICAL to protect the U.S. Constitution--the First Amendment--not only in New York State. We must protect journalists' right to expose terror funding, and citizens' rights to be educated.

Action Item: Please copy and paste the sample letter below, or write you own. Please fax or email to the Legislators who authored the bill, listed in the letter below. If you have time to make a call or send a fax asking that they please pass the "Libel Terrorism Protection Act", it would be greatly appreciated. You do not have to live in New York to write, it's important that the legislators hear from everyone. If you live in New York and would like to add your own representative to the letter, they are all listed here: http://assembly.state.ny.us/mem/

This is a very important bill, thank you for taking the time to help get is passed.

Phone numbers and more information below letter. Please pass this on to your lists.

Thank You very much!

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Dear New York State Assembly Members: Dean Skelos, Rory Lancman, Helene Weinstein, Speaker Sheldon Silver, and Senators: John DeFrancisco and Dean Skelos:

I urge you and your colleagues to pass the bipartisan "Libel Terrorism Protection Act", which was introduced two weeks ago in the New York Assembly and Senate by Assemblyman Rory Lancman (D) and Senator Dean Skelos (R). This bill was introduced to protect New York authors who expose terrorism and terror funding, from libel lawsuits filed in foreign courts. Our First Amendment rights, protections of speech and free press are in jeopardy. If U.S. legislators do not act to stop these lawsuits, the ramifications will be chilling and ominous. This matter is CRITICAL to protect the U.S. Constitution--the First Amendment. We must protect journalists' right to expose terror funding, and citizens' rights to be educated.

A wealthy Saudi has now successfully silenced more than 40 authors and publishers, including many Americans, through threats and U. K. lawsuits. Dr. Rachel Ehrenfeld, author of Funding Evil; How Terrorism is Financed – And How to Stop It, was a target of one of those lawsuits. The Association American of Publishers (AAP) strongly supports this measure.

The bill will change New York state "long arm" statutes that govern business relationships with distant entities--to COVER and PROTECT New York writers and publishers from foreign libel lawsuits. As things stand, Saudis from foreign jurisdictions are successfully diluting America's First Amendment protections of speech and free press.

The sooner New York passes the proposed "Libel Terrorism Protection Act" into law, the sooner the publishing capital of the U.S. and free world--and NY authors--will be safe from foreign jurisdictions that allow outsiders to file frivolous libel suits, without merit. Without a free press, Democracy cannot survive.

Sincerely,
Your name

CONTACTS

Assemblyman Rory Lancman:
Tel: 518-455-5172 (Albany Office)
Tel: 718-820-0241 (District Office)
Fax: 718-820-0414
Email: LancmanR@assembly.state.ny.us

Senator Dean Skelos:
Email: skelos@senate.state.ny.us
Tel: 518-455-3171
Fax: 516-766-8011

New York State Assembly -Speaker, Sheldon Silver
Tel: 212-312-1420
Email: speaker@assembly.state.ny.us

Assemblywoman Helene E. Weinstein
Tel: 718-648-4700
Email: weinsth@assembly.state.ny.us

NY Senator John A. DeFrancisco
Albany Office
Tel: 518-455-3511
Email: jdefranc@senate.state.ny.us