New York state stepped up to protect author Rachel Ehrenfield (a really gracious woman – I booked her when I was producing talk radio and she was a pleasure to deal with, unlike many others) from an attack on her free speech by passing the Libel Terrorism Protection Act.
However, a federal version of Rachel’s Law was needed. Joe Lieberman and Arlen Specter sponsored the Senate version – here’s their WSJ article on Free Speech Protection Act of 2008:
…introduced by U.S. Rep. Pete King (R., N.Y.) and co-sponsored by Rep. Anthony Weiner (D., N.Y.). This legislation builds on New York State’s “Libel Terrorism Protection Act,” signed into law by Gov. David Paterson on May 1.
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.
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.
As much as I gripe about Congress, every once in a while I couldn’t be happier with them. This is really important legislation – please contact your Congressional representation and urge them to co-sponsor and to vote for it.
Added: thanks for the link, Foxfier!
Linked!