Albany, NY (March 31, 2008) – The New York State Legislature today unanimously passed the “Libel Terrorism Protection Act” (S.6687/A.9652), sponsored by Assemblyman Rory Lancman (D-Queens) and Senate Deputy Majority Leader Dean G. Skelos (R-Rockville Centre).

When signed into law by Governor David Paterson, this legislation will protect American journalists and authors from foreign lawsuits that infringe on their First Amendment rights.

In Ehrenfeld v. Mahout, New York State’s highest court held that it would not protect Dr. Ehrenfeld from a British lawsuit filed by Saudi billionaire Khalid Salim Bin Mahfouz, where she was ordered to pay over $225,000 in damages and legal fees to Bin Mahfouz, as well as apologize and destroy existing copies of her books.

Dr. Ehrenfeld sought a court order in November of 2006 to protect her constitutional rights, but in a ruling with national First Amendment implications which sent legal shockwaves throughout newsrooms across America, as well as potentially undermining our ability to expose terrorism’s financial and logistical support networks, the New York Court of Appeals ruled that it does not have jurisdiction to protect Americans – on U.S. soil – from foreign defamation judgements, which contradict the First Amendment to the United States Constitution.

The Libel Terrorism Protection Act declares overseas defamation judgements unenforceable in New York unless the foreign defamation law provides, in substance and application, the same free speech protections guaranteed under our own constitution, and it gives New York residents and publishers the opportunity to have their day in court here in New York.

“This is a great day for free speech and freedom of the press, and I urge Governor Paterson to quickly sign this legislation into law. This law will protect our journalists and authors from trumped up libel charges in kangaroo courts in overseas jurisdictions which don’t share our commitment to free speech and freedom of the press,” said Lancman.

“This law will give New York's journalists, authors and press the protection and tools they need to continue to fearlessly expose the truth about terrorism and its enablers, and to maintain New York's place as the free speech capitol of the world,” Lancman concluded. Lancman’s remarks on the Assembly floor are viewable here.

“The truth is a critically-important component in the War on Terror,” said Senator Skelos. “This important new law will protect American authors and journalists who expose terrorist networks and their financiers. In its decision, the Court of Appeals called upon the State Legislature to revise the law. Today, we made clear that New York State will safeguard the First Amendment and these courageous writers.”

ACT for America
P.O. Box 6884
Virginia Beach, VA 23456
www.actforamerica.org

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Libel Jihad

"Since September 11, 2001, British courts have become increasingly attractive venues for those seeking to prevent their names from even being mentioned in public literature. One of the most frequent tourists on the U.K. libel circuit, Sheikh Khalid Salim bin Mahfouz, a Saudi citizen and former president and CEO of the National Commerce Bank of Saudi Arabia, has sued or threatened to sue in the U.K. approximately 30 writers and publishers for libel. He has more than enough resources to bankroll time-consuming litigation.

Libel lawsuits have silenced many writers unable to afford the astronomical costs of litigation by some of the best-funded business people in the international community. Because of the nature of British libel laws, Mahfouz has chosen to make the U.K. his destination of choice when it comes to silencing his critics."