Exclusive: Your Turn: Contact Congress about the Free Speech Protection Act

by THE EDITORS July 21, 2008

This past spring, the "Libel Terrorism Protection Act" (a.k.a. "Rachel's Law") was adopted by the state of New York. It was introduced to provide legal protections from "libel terrorism" to New York authors and publishers. The bill passed both the Assembly and the Senate in April and was signed by Governor Patterson on May 1, 2008.

The legislation was named after Dr. Rachel Ehrenfeld, who was sued by Saudi banker Khalid bin Mahfouz because he was identified in her book Funding Evil: How Terrorism is Financed and How to Stop It as being a leading financier of terrorism.

But instead of suing her in New York, where the book was published, bin Mahfouz sued her in England, where libel law places the burden of proof on the defendant rather than the plaintiff. Also, his finances were not open to scrutiny and he was not required to be deposed under oath, as he would have been in a U.S. court. And even though the book was not published in Britain, Bin Mahfouz was allowed to proceed with the suit because a couple of dozen books had been sold in Britain via the Internet.

These practices, coupled with the lack of First Amendment rights in Britain, have made that country a hot spot for "libel tourism," which has seen an increased number of such cases in recent years.

To date, New York's "Rachel's Law" is the only successful response to the Saudi aggression taken in the U.S.

Now, "Rachel's Law" has inspired legislation that is now before the House and Senate Judiciary Committees in the guise of the Free Speech Protection Act (H.R. 5814 & S-2977).

The new legislation is not designed to shieldthose who recklessly or maliciously print false (libelous) information. It would, however, ensure that Americans are held to and protected by American standards. It would bar U.S. courts from enforcing libel judgments issued in foreign courts against U.S. residents as long as the speech would not be considered libelous under U.S. law. The bill also allows American authors and their publishers to countersue if the material is protected by the First Amendment and, if a jury finds that the foreign suit is part of a scheme to suppress free speech, it may award treble damages.

It's your turn to make your voice heard on this pending legislation.

Congress will adjourn before the end of September. If you would like action upon this legislation before then, contact your Senators and Representative listed below.

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

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