Testimonials

Support the Fight for the First Amendment and Dr. Ehrenfeld's Work!

9/11 Families for a Secure America
August 18, 2008.

9/11 Families for a Secure America urges passage of the Free Speech Protection Act of 2008 introduced by Rep. Peter King and Anthony Weiner, and Senators Arlen Specter and Joseph Lieberman, and co-sponsored by Senator Chuck Schumer.

9/11 Families for a Secure America represents the families of over three hundred of the victims of the September 11 terrorist attacks. We thus have a particular interest in the fullest exposure of all those who have been connected, directly or indirectly, with facilitating the mass murders by Moslem terrorists which killed our loved ones.

It could not be clearer that to allow Americans’ freedom of speech to be infringed by the libel laws of other nations will prevent investigation which is essential to exposing those who are guilty. The libel suit brought in English courts by Khalid Bin Mahfouz against Rachel Ehrenfeld is a perfect example of the use of foreign law by a person with connections to terrorism to prevent American investigators in the United States from exposing his guilt.

The members of 9/11 FSA believe that the United States Constitution should remain, as intended by the Founders, to be the supreme law of our country. Judgments won in foreign courts which have the effect nullifying rights guaranteed by the Constitution, should not merely remain unenforceable in the courts of the United States, but the intended victims of these foreign judgments should be permitted to obtain damages from the plaintiffs.

The Free Speech Protection Act of 2008 (H.R. 5814 & S. 2977) will have the effect of protecting not merely the First Amendment rights in America, but will by promoting exposure of terrorist financiers, provide increased security for the Nation as a whole.

The Board of Directors
9/11 Families for a Secure America

American Booksellers Foundation for Free Expression- Action item: Sign-on Statement in Support of the Free Speech Protection Act of 2008 (S. 2977)
August 15, 2008

FEN members,

When Congress returns next month, the Senate Judiciary Committee may take up the Free Speech Protection Act of 2008 (S. 2977), a bill that protects U.S. authors and publishers from the threat of libel tourism.

Please consider signing on to the statement below. The deadline for responding is close of business Friday, Sept. 5.

Thanks to Joan Bertin, Judy Platt and Jonathan Bloom of Weil, Gotshal, Manges, for their help in drafting the statement.

ALA Endorses the Free Speech Protection Act of 2008
Category: Civil Liberties, Intellectual Freedom, and Privacy

The American Library Association (ALA) endorsed Senate bill S. 2977, the "Free Speech Protection Act of 2008" and urged its passage as soon as possible in order to protect authors, publishers and others in the United States from libel lawsuits filed in foreign countries. The bill was introduced following several notable defamation lawsuits filed in Great Britain and elsewhere against authors and publishers in the United States.

Lynne Bradley, Director of ALA’s Office of Government Relations said that "ALA is concerned that foreign libel lawsuits threaten U.S. authors and publishers and our freedoms of speech and the press. Through its chilling effect, such 'venue shopping' also denies the American people the right to read and to access information – another inherent First Amendment right essential to our democratic form of government."

This "shopping around" for foreign court venues has been termed "libel tourism" following cases such as that of Rachel Ehrenfeld. At a recent ALA Annual Conference, Ehrenfeld described her experiences being sued in Great Britain by a wealthy Saudi Arabian. A U.S. Department of Defense employee and terrorism expert, Ehrenfeld published her book Financing Evil, in the United States. Though only 23 copies of the book were sold in the United Kingdom, the British court ruled that all copies must be destroyed and ordered Ehrenfeld to pay thousands of dollars in damages. Great Britain has been seen as a likely venue for libel tourism because of its notoriously lower standards for libel.

"Libel tourism should be called 'libel terrorism'," added Mrs. Bradley. "Such legal maneuvers are an attempt to thwart the First Amendment rights of Americans when critics don’t like what our authors have to say – or the rights we have under our First Amendment."

ALA expressed its appreciation to Senators Arlen Specter (PA.-R) and Joseph Lieberman (CT.-I), who introduced S. 2977, and cosponsor Senator Charles Schumer, (NY-D). The Association will be encouraging its over 66,000 members and other First Amendment supporters to lobby senators during the summer recess to pass this bill in September. It will also push for similar legislation in the House of Representatives so that a bill could be passed and signed by the President this year.

Read the endorsement letter sent to the Committee on the Judiciary: http://www.wo.ala.org/districtdispatch/wp-content/uploads/2008/07/libel-tourism-letter-july.doc

AAP Endorses the Free Speech Protection Act 2008
MEMO TO FREE EXPRESSION NETWORK MEMBERSHIP
By Judy Platt, Association of American Publishers

Dear FEN Colleagues:

The Association of American Publishers has become increasingly concerned about the growing threat of "libel tourism" involving wealthy individuals who cynically exploit plaintiff-friendly libel laws in foreign courts in an attempt to silence and intimidate U.S. publishers and authors who publish and write about sensitive but vitally important subjects such as the funding of terrorism. Even in the absence of an attempt to enforce a foreign libel judgment here, the very existence of such a judgment can—and has—chilled the kind of reporting that our laws are designed to encourage and protect. While several of the most recent high-profile examples of libel tourism, such as the Ehrenfeld case, involve judgments obtained in England by Saudis implicated in the funding of terrorism, the threat is wider and more insidious. The sale of books over the Internet exposes U.S. authors and publishers to the danger of being sued almost anywhere in the world, and libel tourist litigation remains a threat in any country where our strong constitutional protections for speech are absent.

We have closely followed the Ehrenfeld case and Dr. Ehrenfeld was invited to speak at a joint AAP/ALA program at the American Library Association Annual Conference in California in June entitled "The Biggest Threat to Free Speech You May Never Have Heard Of." The program solidly reinforced the commitment of the publishing and library communities to bring this issue to the widest possible audience.

By way of background, in 2004, soon after her book Funding Evil: How Terrorism is Financed—And How to Stop It, was published in the United States, Dr. Ehrenfeld was sued for libel--under the U.K.’s notoriously plaintiff-friendly libel laws-- in a British court by Khalid bin Mahfouz. The fact that the book was never published in Great Britain, that a mere 23 copies were sold there via the Internet, that neither bin Mahfouz nor Dr. Ehrenfeld reside there, and that she refused to participate in the proceedings did not stop a British judge from ruling against her by default, imposing substantial monetary damages and ordering a public apology and the destruction of all unsold copies of her book. (Bin Mahfouz has successfully sued or intimidated into silence some 40 authors and/or publishers and crows about these "victories" on his web site.) This YouTube video gives a good summary: http://www.youtube.com/watch?v=SdQHwyNwz7U

Dr. Ehrenfeld refused to take part in the British proceedings or comply with the order of the British court and instead counter-sued in federal court in New York seeking to have the British judgment declared unenforceable in the U.S. A ruling that New York courts lacked personal jurisdiction over bin Mahfouz prompted the state legislature to act with unprecedented speed, passing the "Libel Terrorism Protection Act" in a matter of weeks. Signed by Gov. David Paterson on April 30, "Rachel’s Law" prohibits the enforcement of a foreign libel judgment unless a New York court determines that it satisfies the free speech and free press protections guaranteed by the First Amendment and the New York State Constitution and it allows New York courts, under certain circumstances, to exercise jurisdiction over non-residents who obtain foreign libel judgments against New Yorkers.

Libel tourism bills have now been introduced in Congress and we have a fighting chance of getting legislation passed this session!!! Please contact members of the Senate Judiciary Committee and urge them to sign on as co-sponsors of the Free Speech Protection Act of 2008 and to move it out of committee quickly. The articles linked below spell out the issues very well.


http://www.guardian.co.uk/commentisfree/2008/jul/15/civilliberties.medialaw

http://www.nysun.com/editorials/schumers-steps-forward/82720/?print=3088627121


Judith Platt
Director, Communications/Public Affairs
Director, Freedom to Read
Association of American Publishers
50 F Street, NW
Washington, DC 20001
(202) 220-4551