Foreign Courts Take Aim at Our Free Speech

The Wall Street Journal: Opinion ^ | July 14, 2008 | Arlen Specter and Joe Lieberman

[Uncle Ralph]

Our Constitution is one of our greatest assets in the fight against terrorism. A free-flowing marketplace of ideas, protected by the First Amendment, enables the ideals of democracy to defeat the totalitarian vision of al Qaeda and other terrorist organizations.

That free marketplace faces a threat. Individuals with alleged connections to terrorist activity are filing libel suits and winning judgments in foreign courts against American researchers who publish on these matters. These suits intimidate and even silence writers and publishers.

Under American law, a libel plaintiff must prove that defamatory material is false. In England, the burden is reversed. Disputed statements are presumed to be false unless proven otherwise. And the loser in the case must pay the winner's legal fees.

Consequently, English courts have become a popular destination for libel suits against American authors...

. . .

First Amendment scholar Floyd Abrams argues that "the values of free speech and individual reputation are both significant, and it is not surprising that different nations would place different emphasis on each." We agree. But it is not in our interest to permit the balance struck in America to be upset or circumvented by foreign courts. Our legislation would not shield those who recklessly or maliciously print false information. It would ensure that Americans are held to and protected by American standards. No more. No less.

. . .

The enemies of freedom seek to silence free speech. Our legislation will help ensure that they do not succeed.

[aquila48]

Maybe american authors should not publish their works in Britain and let them remain ignorant and get taken over by islamists even more quickly.

[Hugin]

Have the state department list them as human rights abusers.

[Jeff Chandler]

Maybe american authors should not publish their works in Britain

All they have to do is have some Brit buy a copy online from an American publisher and they're liable.

[yorkie]

Sigh - I miss the ‘old days’ so much!

[bajabaja]

And some on the Supreme Court want to look to European law to help interpret our own?

Yikes.

[wastedyears]

Nelson Mandela was taken off the Terrorist Watch List.

It’s not going to happen.

[endthematrix]

"But it is not in our interest to permit the balance struck in America to be upset or circumvented by foreign courts."

I agree,. But I'm doubtful the authors would stand against any WTO or UN court/tribunal.

[endthematrix]

If you read the article, it points that one author published in the USA. Copies were bought online in Britain and then the author was sued.

[steel_resolve]

I’ll say it: Britian SUCKS.

[haroldeveryman]

“Our bill bars U.S. courts from enforcing libel judgments issued in foreign courts against U.S. residents, if the speech would not be libelous under American law.”

Good news! And bad news, I guess, to our domestic multi-culturalism crowd.

[babygene]

Can’t silence me...

Muslims suck!

[Tzimisce]

>Our bill bars U.S. courts from enforcing libel judgments issued in foreign courts against U.S. residents, if the speech would not be libelous under American law. The bill also permits American authors and publishers to countersue if the material is protected by the First Amendment. If a jury finds that the foreign suit is part of a scheme to suppress free speech rights, it may award treble damages.<

Good idea - I like it.

[aquila48]

Thanks for the clarification....

I guess Britain has one less visitor.

[nathanbedford]

The Atlantic Ocean is broad and deep. Several times I have been told by my German neighbors that Michael Moore's propaganda efforts must be credible because he has not been sued for libel. Even when one explains New York Times v. Sullivan to them, they remain skeptical.

The culture in Europe in this respect was an absolute shock to me.

[aquila48]

Isn’t it amazing how rare freedom of speech is - even in the west? And we take it for granted...

[nathanbedford]

The threat to free speech in America is in some ways more insidious because it is being done in the dark. Political correctness is a weapon wielded like a sword by the left and there is no way of knowing how much important speech has been intimidated into silence by them.

Have any right wing radio commentators trimmed their sails out of fear of the fairness doctrine? What was the Valerie Plame affair all about if not an unequal application of the rights of free speech between Scooter Libby and the actual leaker? How is it that the New York Times is free to publish our means and methods against the terrorists? Why has pornography become in practical terms protected free speech, despite Supreme Court dicta to the contrary? Yet we have McCain-Feingold prohibiting the most important free speech, criticism of officials at election time, or at least the financing thereof?

[llandres]

And some on the Supreme Court want to look to European law to help interpret our own?”

Yes, 5 of them (4 always, the 5th often-times, at least). AND, the messiah BHO - definitely loves the European model as his vision for our country.

[llandres]

The culture in Europe in this respect was an absolute shock to me.”

scary, too - a major reason why radical Islam is rampant and rapidly spreading throughout Europe. (and snaking its way just slightly slower here)

Far too many Americans take for granted, even denigrate, how special and unique our nation and its form of government is - we are SO blessed and must protect it at all costs.

[Nathan Zachary]

Why? It’s up to the Brit government to control what it considers banned literature from entering their country. It’s not our job to enforce their stupid laws and work in their customs offices.

[Cacique]

btt

[Nathan Zachary]

"Isn’t it amazing how rare freedom of speech is - even in the west? And we take it for granted..."

France is pretty bad when it comes to freedom of speech as well. Even web sites are restricted from speaking against the government.

[Jeff Chandler]

It’s not our job to enforce their stupid laws

Which, I believe, is the point of the proposed legislation.

[bruinbirdman]

The new EUrotopia Treaty/Constitution allows any country to issue extradition orders to any other EU member. Xenophobia (fear of foreigners) will become illegal.

I have said before, once that treaty is adopted, any FReepers who have ever posted anything anti-Mohammedan or anti-Frog, etc. had better think twice about a trip across the pond.

This Saudi case looks like nothing but extortion. Kinda what al-Qaeda does.

yitbos

[Nathan Zachary]

I never post anything "Anti-Mohammadan". I just post the truth of what that sick blood cult teaches it's followers.

Of course, that is what really gets them upset. They don't like anyone knowing and teaching others what their "holy Mohammadan scripture" really says, especially other muslims. That's why they teach Mulims to recite from a koran written in Arabic. They can't read what it really means. Later, after the brainwashing is complete and the ability to think rationally is completely destroyed in their minds, the Imams begin teaching them that words really don't mean what they appear to mean. For example When Mohammad says kill all the Jews, it really means correct their evil ways. (until no one is looking, then kill them)

[muir_redwoods]

So, who enforces the British judgment? If the judgment is unconscionable, the American authorities should simply refuse to enforce the British judgment.

BTW, islam is stupid, sue me.

[tcostell]

I’m not a legal scholar and I’m sure there are consequences I don’t foresee, but that whole “loser makes the winner whole” issue has appeal to me. Should cut down on at least some of the nuisance lawsuits.

[conservatism_IS_compassion]

The Atlantic Ocean is broad and deep. Several times I have been told by my German neighbors that Michael Moore's propaganda efforts must be credible because he has not been sued for libel. Even when one explains New York Times v. Sullivan to them, they remain skeptical.

IOW, we need someone in Britain to sue Michael Moore there.

At a minimum, it would help promote the Lieberman-Spector bill . . .

[Bear_Slayer]

protected by the First Amendment

That right is enumerated in the first amendment.

It is protected by the rights enumerated in the second amendment.

[the invisib1e hand]

Our legislation would not shield those who recklessly or maliciously print false information. It would ensure that Americans are held to and protected by American standards. No more. No less. . . . The enemies of freedom seek to silence free speech. Our legislation will help ensure that they do not succeed.

this should not even be on the table. the instant it is, it reopens a debate that was settled hundreds of years ago.

[Tolerance Sucks Rocks]

BTTT.

[PsyOp]

I have said before, once that treaty is adopted, any FReepers who have ever posted anything anti-Mohammedan or anti-Frog, etc. had better think twice about a trip across the pond.

I'm screwed then...

Mohammed, The Mad Poet Quoted....

[stevie_d_64]

Well look at it this way...

There is not a lot over there compelling me to go anywhere outside the borders of this country ever again...

[Publius6961]

If you read the article, it points that one author published in the USA. Copies were bought online in Britain and then the author was sued.

Actually, the publisher was sued, and since it had connections worldwide, they buckled under. Cambridge University Press.

As I recall it was...

Here it is:

Alms for Jihad

[PsyOp]

There is not a lot over there compelling me to go anywhere outside the borders of this country ever again...

I agree. I was stationed in Germany. Seen enough of Europe, and not enough of this great country. Now if only gas prices will come down enough form me to see it before I die.