Today Is The Day To Deal With Libel Tourism

I've written before about libel tourism and the case of Rachel Ehrenfeld. Floyd Abrams writes about it today:

In recent years, English libel law has come to have a disturbing impact on the right of Americans to speak out.

England has become a choice venue for libel plaintiffs from around the world, including those who seek to intimidate critics whose works would be protected in the U.S. but might not in that country. That English libel law has increasingly been used to stifle speech about the subject of international terrorism raises the stakes still more.

The case against Rachel Ehrenfeld in England by Saudi banker Khalid Bin Mahfouz is illustrative. Her 2003 book "Funding Evil: How Terrorism is Funded and How to Stop It" dealt at length with one of the most significant (and difficult and dangerous to research) topics – the funding of terrorism. The conduct of Mr. Bin Mahfouz as a possible funder of terrorism was one of the subjects discussed in the book, which was published in New York.

Twenty-three copies of the book were sold in England. On that slim basis, Mr. Bin Mahfouz sued there, claiming that his reputation had been gravely harmed.

Ms. Ehrenfeld (on the advice of English counsel) refused to appear before the English courts, and a judgment against her was entered in the amount of $225,000. At any time, Mr. Bin Mahfouz could seek to enforce that judgment. Whether or not he does, the harm to Ms. Enhrenfeld's reputation remains real.

He also has an update:

She sought a declaratory judgment in New York determining that the English judgment was not enforceable here, and that her work was protected under American law. But the New York Court of Appeals determined that her suit could not be heard under state law. Any change in that law, the court concluded, was up to the New York legislature.

To the surprise of those who denigrate the ability of the New York legislature to act decisively, both the Assembly and its Senate have unanimously passed a bill that would give Ms. Ehrenfeld and other citizens who are sued for libel abroad the right to obtain a declaration here that their works are protected under American law.

And here is the point:

Gov. David Paterson has until the end of today to decide whether or not he will sign the bill. Meanwhile, the Ehrenfeld saga has led Rep. Peter King (R., N.Y.) to propose federal legislation which would provide similar relief.

I am not a New Yorker, but from what I hear Governor Paterson has been very pro-active in dealing with issues of his own personal life. It would be nice if he could fit some time in his busy schedule to deal with a problem with larger implications.

Technorati Tag: Libel Tourism and Rachel Ehrenfeld and Governor David Paterson.