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Dennis · Guest

OPINION IN WSJ

HEAD: Foreign Courts Take Aim at Our Free Speech

By ARLEN SPECTER and JOE LIEBERMAN

Our Constitution is one of our greatest assets in the fight against
terrorism. A free-flowing marketplace of ideas, protected by the First
Amendment, enables the ideals of democracy to defeat the totalitarian vision
of al Qaeda and other terrorist organizations.

That free marketplace faces a threat. Individuals with alleged connections
to terrorist activity are filing libel suits and winning judgments in
foreign courts against American researchers who publish on these matters.
These suits intimidate and even silence writers and publishers.

Under American law, a libel plaintiff must prove that defamatory material is
false. In England, the burden is reversed. Disputed statements are presumed
to be false unless proven otherwise. And the loser in the case must pay the
winner's legal fees.

Consequently, English courts have become a popular destination for libel
suits against American authors. In 2003, U.S. scholar Rachel Ehrenfeld
asserted in her book, "Funding Evil: How Terrorism Is Financed and How to
Stop It," that Saudi banker Khalid Bin Mahfouz helped fund Osama bin Laden.
The book was published in the U.S. by a U.S. company. But 23 copies were
bought online by English residents, so English courts permitted the Saudi to
file a libel suit there.

Ms. Ehrenfeld did not appear in court, so Mr. Bin Mahfouz won a $250,000
default judgment against her. He has filed or threatened to file at least 30
other suits in England.

Fear of a similar lawsuit forced Random House U.K. in 2004 to cancel
publication of "House of Bush, House of Saud," a best seller in the U.S.
that was written by an American author. In 2007, the threat of a lawsuit
compelled Cambridge University Press to apologize and destroy all available
copies of "Alms for Jihad," a book on terrorism funding by American authors.
The publisher even sent letters to libraries demanding that they destroy
their copies, though some refused to do so.

To counter this lawsuit trend, we have introduced the Free Speech Protection
Act of 2008, a Senate companion to a House bill introduced by U.S. Rep. Pete
King (R., N.Y.) and co-sponsored by Rep. Anthony Weiner (D., N.Y.). This
legislation builds on New York State's "Libel Terrorism Protection Act,"
signed into law by Gov. David Paterson on May 1.

Our bill bars U.S. courts from enforcing libel judgments issued in foreign
courts against U.S. residents, if the speech would not be libelous under
American law. The bill also permits American authors and publishers to
countersue if the material is protected by the First Amendment. If a jury
finds that the foreign suit is part of a scheme to suppress free speech
rights, it may award treble damages.

First Amendment scholar Floyd Abrams argues that "the values of free speech
and individual reputation are both significant, and it is not surprising
that different nations would place different emphasis on each." We agree.
But it is not in our interest to permit the balance struck in America to be
upset or circumvented by foreign courts. Our legislation would not shield
those who recklessly or maliciously print false information. It would ensure
that Americans are held to and protected by American standards. No more. No
less.

We have seen this type of libel suit before. The 1964 Supreme Court decision
in New York Times v. Sullivan established that journalists must be free to
report on newsworthy events unless they recklessly or maliciously publish
falsehoods. At that time, opponents of civil rights were filing libel suits
to silence news organizations that exposed state officials' refusal to
enforce federal civil rights laws.

Now we are engaged in another great struggle -- this time against Islamist
terror -- and again the enemies of freedom seek to silence free speech. Our
legislation will help ensure that they do not succeed.

Mr. Specter is a Republican senator from Pennsylvania. Mr. Lieberman is an
Independent Democratic senator from Connecticut.
***********
Think any Dems in the Senate will sign on as co-sponsors? Doubt it.

Dionysus

Tim Crowley · Guest

On Jul 15, 6:21 am, "Dennis" <no.surren...@never.net> wrote:

Dennis · Guest

"Tim Crowley" <timmyturmoil@gmail.com> wrote in message
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On Jul 15, 6:21 am, "Dennis" <no.surren...@never.net> wrote:

Lamont Cranston · Guest

Dennis wrote:

Dennis · Guest

"Lamont Cranston" <Lamont.Cranston@intheshadows.com> wrote in message
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Tim Crowley · Guest

On Jul 15, 9:48 am, "Dennis" <no.surren...@never.net> wrote:

Tim Crowley · Guest

On Jul 15, 11:37 am, "Dennis" <no.surren...@never.net> wrote: