Supporters urge passage of the national version of New York State's "Rachel's Law" -- The Free Speech Protection Act
Posted by Robert on June 26, 2008 6:26 AM
A national version of New York State's "Rachel's Law" is gaining bipartisan support:
Please - SUPPORT passage of the NATIONAL version of New York State's "Rachel's Law"---THE FREE SPEECH PROTECTION ACT (S-2977 & H.R. 5814)----The "Free Speech Protection Act" was introduced by Reps. Peter King (R-NY) and Anthony Weiner (D-NY) and Sens. Joseph Lieberman (I-CT) and Arlen Specter (R-PA).
Like NYS's "Rachel's Law" this federal bill would protect American journalists from libel suits brought in foreign jurisdictions lacking the same free speech protections found in the U.S. Constitution.
The bill has been assigned to the House and Senate Judiciary Committees.
If free speech is important to you, PLEASE contact the House and Senate Judiciary Committees' Members and staff (contacts below) and urge them to approve the bill and vote for its passage as soon as possible.
"Freedom of speech, freedom of the press, freedom of expression of ideas, opinions, and research, and freedom of exchange of information are all essential to the functioning of a democracy, and the fight against terrorism," Senator Specter said. "There is a real danger that American writers and researchers will be afraid to address the crucial subject of terror funding and other important matters without these protections."
"Discovering the truth requires full and open debate, which is not possible when courts are used to chill inquiry and research," Senator Lieberman said. "The freedom of American journalists should not be threatened by foreign courts that do not adhere to America's principles of free speech."
"Our journalists provide us with insight on issues that affect all Americans, such as war and terrorism," Rep. King said. "We cannot allow their voices to be silenced by those who prefer to keep secret the inner details of these issues. American authors and journalists should be able to practice their first amendment right without the fear of a lawsuit."
This legislation will create federal jurisdiction and a federal cause of action allowing federal courts to determine---when foreigners sue U.S. journalists, speakers, or academics in foreign courts for their U.S. speeches or publications---whether defamation has occurred under U.S. law. The bill will authorize a U.S. court to bar enforcement in the U.S. of a foreign judgment or damage awards.
The impetus for this legislation is litigation involving Dr. Rachel Ehrenfeld, a U.S. citizen and Director of the [1] American Center for Democracy. Dr. Ehrenfeld's 2003 book, Funding Evil: How Terrorism is Financed and How to Stop It, which was published solely in the United States by a U. S. publisher, alleged that a Saudi Arabian and his family financially supported Al Qaeda in the years preceding the attacks of September 11. Although only 23 books were sold in the United Kingdom, the Saudi sued Ehrenfeld for libel there.
Defamation plaintiffs around the world have made the U.K. a popular venue for libel suits since English law does not require a libel plaintiff to prove falsity or actual malice as is does U.S. law. Until now, U.S. journalists or publications named as defendants in such cases were not protected by the First Amendment in the U.S. Rather, they were forced either to take on the massive expense, inconvenience and distress of fighting a foreign libel case, or of accepting the defamation inveighed on them by the courts otherwise certain to rule against them by default.
To protect U.S. writers, publishers and free speech rights against frivolous foreign libel suits---and a bedrock foundation of U.S. Democracy---it is critical that all Americans urge members of the House and Senate Judiciary Committees to support this measure.
Below is a sample letter---and links to websites of the House and Senate Judiciary Committee Members and their staffs.
Thank you.
Dear....
PLEASE SUPPORT THE FREE SPEECH PROTECTION ACT (S-2977 & H.R. 5814),
aka "Rachel's Law""Rachel's Law" was introduced to provide legal protections from "libel terrorism" to New York authors and publishers. In a tremendous victory for free speech rights, the bill passed both the Assembly and the Senate and was signed by Governor Patterson on May 1, 2008.
Legislation to protect authors and publishers in all states has now been introduced in the U.S. House of Representatives (bill number H.R. 5814) and Senate (bill number S-2977). Entitled the "Free Speech Protection Act," introduced by Representatives Peter King (R-NY) and Anthony Weiner (D-NY) and Senators Joseph Lieberman (I-CT) and Arlen Specter (R-PA).
This bill would protect American journalists from libel suits brought in foreign courts that do not have the same protections for free speech that are found in the U.S. Constitution.
I urge you to support efforts to approve the bill and vote for its passage as soon as possible.
Sincerely,
Below is contact information for the Senatorial Judiciary Committee, the Congressional Judiciary Committee, and Staff.