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Supporters urge passage of the national version of New York State’s “Rachel’s Law” — The Free Speech Protection Act

Jun 26, 2008 6:26 am By Robert Spencer

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 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.

General Judiciary Committee – http://judiciary.house.gov/contact.aspx

Staff Majority Communications Director Jonathan Godfrey –
(202) 225-3951

Majority Press Secretary/Spokesperson Melanie Roussell – (202) 225-3951
Majority Staff Director/Chief Counsel Perry Apelbaum –
(202) 225-3951
Minority Chief of Staff/General Counselor – (202) 226-0002
Minority Communications Director Kim Smith – (202) 225-6906

Senators on Committee

NY Charles Schumer –
http://schumer.senate.gov/SchumerWebsite/contact/webform.cfm
Press Secretary Brian Fallon – (202) 224-7433

VT Patrick J. Leahy – http://leahy.senate.gov/contact.cfm
Press Secretary Erica Chabot – (202) 224-2154

MA Edward Kennedy – http://kennedy.senate.gov/senator/contact.cfm
Press Secretary Melissa Wagoner – (202) 224-2633

DE Joseph Biden – http://biden.senate.gov/services/contact/
Press Secreatary Elizabeth Alexander – (202) 224-2154

WI Herbert Kohl – http://kohl.senate.gov/gen_contact.html
Press Secretary Lynn Becker – (202) 224-2240

WI Russ Feingold – http://feingold.senate.gov/contact_opinion.html
Press Secretary Zach Lowe – (202) 224-8657

CA Dianne Feinstein –
http://feinstein.senate.gov/public/index.cfm?FuseAction=ContactUs.EmailMe
Press Secretary Scott Gerber – (202) 224-8657

IL Richard Durbin – http://durbin.senate.gov/contact.cfm#contact
Press Secretary Joe Shoemaker – (202) 224-7028

MD Benjamin Cardin – http://cardin.senate.gov/contact/
Press Secretary Sue Walitsky – (202) 224-7433

RI Sen. Sheldon Whitehouse –
http://whitehouse.senate.gov/contact.cfm
Press Secretary Alex Swartsel – (202) 224-7433

PA Arlen Specter –
http://specter.senate.gov/public/index.cfm?FuseAction=Contact.ContactForm
Press Secretary Chris Gindlesperger – (202) 224-5225

UT Orrin Hatch –
http://hatch.senate.gov/public/index.cfm?FuseAction=Offices.Contact
Press Secretary Mark Eddington (202) 224-5251

IA Charles Grassley –
http://grassley.senate.gov/public/index.cfm?FuseAction=Contact.Home
Press Secretary Beth Levine – (202) 224-6197

AZ Jon Kyl – http://kyl.senate.gov/contact_form.cfm
Press Secretary Andrew Wilder – (202) 224-4521

AL Jeff Sessions –
http://sessions.senate.gov/public/index.cfm?FuseAction=ConstituentServices.ContactMe
Press Secretary Michael Brumas – (202) 224-4124

SC Lindsey Graham –
http://lgraham.senate.gov/public/index.cfm?FuseAction=Contact.EmailSenatorGraham
Press Secretary Wes Hickman – (202) 224-5972

TX John Cornyn –
http://cornyn.senate.gov/public/index.cfm?FuseAction=Contact.ContactForm
Press Secretary Brian Walsh – (202) 224-2934

KS Sam Brownback – http://brownback.senate.gov/CMEmailMe.cfm
Press Secretary John Rankin – (202) 224-6521

OK Tom Coburn –
http://coburn.senate.gov/public/index.cfm?FuseAction=ContactSenatorCoburn.Home
Press Secretary John Hart – (202) 224-5754

Congressional Representatives

NY-9th Anthony Weiner – http://weiner.house.gov/email_anthony.aspx

NY-8th Jerrold Nadler —
http://www.house.gov/nadler/emailform.shtml

CA-24th Elton Gallegly –
https://forms.house.gov/wyr/welcome.shtml

CA-3rd Dan Lungren –
https://forms.house.gov/lungren/forms/email.shtml

CA-29th Adam Schiff –
http://schiff.house.gov/HoR/CA29/Contact+Information/Contact+Form.htm

CA-28th Howard Berman –
http://www.house.gov/berman/contact/index.shtml

CA-16th Zoe Lofgren – http://lofgren.house.gov/emailform.shtml

CA-35th Maxine Waters – http://www.house.gov/waters/IMA/issue.htm

CA-39th Linda Sanchez –
http://www.lorettasanchez.house.gov/index.php?option=com_content&task=view&id=218&Itemid=17

CA-27th Brad Sherman –
http://www.house.gov/sherman/contact/

CA-49th Darrell Issa –
http://issa.house.gov/index.cfm?FuseAction=Contact.ContactForm

MI 14th John Conyers (Chair) –
http://capwiz.com/aipac/webreturn/?url=http://www.house.gov/conyers

VA-9th Rick Boucher –
http://www.boucher.house.gov/index.php?option=com_content&task=view&id=645&Itemid

=

VA-3rd Bobby Scott —
https://forms.house.gov/wyr/welcome.shtml

VA-6th Bob Goodlatte – http://www.house.gov/goodlatte/emailbob.htm

VA-4th Randy Forbes – http://forbes.house.gov/zipauth.html

NC-12th Rep. Melvin Watt –
http://www.house.gov/formwatt/IMA/issue_subscribe.htm

MA-10th William Delahunt – William.Delahunt@mail.house.gov

FL-8th Ric Keller –
https://forms.house.gov/wyr/welcome.shtml

FL-24th Tom Feeney – carissa@tomfeeney.com

FL-20th Debbie Wasserman Schultz –
http://wassermanschultz.house.gov/zipauth.htm

FL-19th Robert Wexler – http://wexler.house.gov/email.shtml

TN-9th Stephen Cohen –
http://cohen.house.gov/index.php?option=com_email_form&Itemid=111

GA-4th Hank Johnson –
http://hankjohnson.house.gov/contact_hank_write.shtml

OH-13th Betty Sutton – http://sutton.house.gov/about/emailform.cfm

IL-4th Luis Gutierrez –
http://luisgutierrez.house.gov/singlepage.aspx?newsid=1262

WI-2nd Tammy Baldwin –
http://tammybaldwin.house.gov/get_address.html

AL-7th Artur Davis – http://www.house.gov/davis/zipauth.htm

MN-5th Keith Ellison –
http://ellison.house.gov/index.php?option=com_content&task=view&id=87

TX-21st Lamar S. Smith (Ranking Member) –
http://lamarsmith.house.gov/contact.aspx?section=Mail

TX-18th Sheila Jackson Lee –
https://forms.house.gov/wyr/welcome.shtml

TX-1st Louie Gohmert – http://gohmert.house.gov/contact_louie.htm

WI-5th F. James Sensenbrenner –
http://sensenbrenner.house.gov/email_zip.htm

NC-6th Howard Coble – howard.coble@mail.house.gov

UT-3rd Chris Cannon – cannon.ut03@mail.house.gov

IN-6th Mike Pence –
https://forms.house.gov/pence/IMA/contact_form.htm

IA-5th Steve King — pete.king@mail.house.gov

AZ-2nd Trent Franks –
https://forms.house.gov/franks/email_zipcheck.shtml

OH-4th Jim Jordan –
http://jordan.house.gov/contactform_zipcheck.shtml

OH-1st Steve Chabot – http://www.house.gov/chabot/zipauth.shtml

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