Press Release
Washington, DC, September 27, 2008 – The U.S. House of Representatives today passed H.R. 6146, crucial legislation that will protect American citizens from foreign libel judgments that undermine their fundamental First Amendment free speech rights.
The bill was inspired by a NYS Libel Terrorism Protection Act - commonly known as "Rachel’s Law", signed into law in New York earlier this year, and declared that foreign libel judgments are unenforceable in New York courts.
Author and investigative journalist Dr. Rachel Ehrenfeld,director of American Center for Democracy who championed the New York law during her intense legal battle with Saudi billionaire Khalid Salim bin Mahfouz, said "This bill is a first step in the right direction." However, she said, "more still needs to be done to deter libel tourists from ruining our great tradition of free speech. Specifically, we must allow authors and reporters to countersue for damages. This way, those who exploit foreign libel laws will think twice before bringing these junk lawsuits."
Dr. Ehrenfeld knows first-hand the effects of this destructive practice of forum shopping. She was sued in Britain, where the libel laws are plaintiff friendly, by Saudi billionaire Khalid Salim bin Mahfouz for alleging in her book Funding Evil: How Terrorism Is Financed and How to Stop It that he funded al-Qaeda.
Mahfouz used the British law and courts to silence many Western and American writers and publishers. None fought back but Dr. Ehrenfeld who countersued Mahfouz in NY federal court. Her lawsuit led to NYS legislators to pass the Libel Terrorism Protection Act, the impetus for Rep. Cohen’s bill.
Rep. Peter King, who initiated the federal legislation agrees with Dr. Ehrenfeld, stating that although he support H.R. 6146, "this bill does not go far enough nor does it resolve the problem of 'libel tourism.'" Even Rep. Cohen, the author of H.R. 6146, acknowledged his bill is not enough to "address libel tourism," and stated on the floor of the House that he is "committed to working with Mr. King to push for a public hearing... which advances additional measures to address libel tourism."
Indeed, the ACLU, the American Library Association, the Association of American Publishers, the PEN American Center, the Families of the 9/11 victims, and many others support the Free Speech Protection Act, 2008, sponsored by Senators Arlen Specter, Joseph Lieberman and Chuck Schumer, and Rep. Peter King.
Dr. Ehrenfeld knows first-hand the effects of this destructive practice of forum shopping. She was sued in Britain, where the libel laws are plaintiff friendly, by Saudi billionaire Khalid Salim bin Mahfouz for alleging in her book Funding Evil: How Terrorism Is Financed and How to Stop It that he funded al-Qaeda.
Dr. Ehrenfeld hopes the 111th Congress will have hearings to address the additional measures necessary to protect American writers, and to deter attempts to silence the freedom of the press in the U.S.
Dr. Ehrenfeld is the Director of the New York-based American Center for Democracy and the Center for the Study of Corruption & the Rule of Law. She is an authority on the shadowy movement of funds through international banking systems and governments to fund terrorism. Dr. Ehrenfeld has testified before Congressional Committees, as well as the European Parliament, and consulted government agencies such as the Department of Defense and Homeland Security.
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