Archive for September, 2008

Congressman Steve Cohen’s successful bill banning the practice of “libel tourism” recently won praise in The New York Times.

Cohen’s bill, praised as a victory for the First Amendment, protects American authors by rendering libel lawsuits against them unenforceable if the judgments were issued in a nation where the legal standard for libel is set lower than our own.

Excerpt:

The House of Representatives has passed a good bill that would prevent American courts from enforcing libel judgments obtained in foreign countries if those countries provide less free speech protection than the United States does. The Senate should pass a companion bill before it recesses, and the president should sign it.

The bill on “libel tourism” strikes an important blow for free expression. American law imposes a high bar on libel lawsuits — far higher than many other countries. To get around these free-speech protections, some plaintiffs have been bringing lawsuits in Britain where libel protections are notoriously weak.

Khalid bin Mahfouz, a Saudi Arabian businessman, sued Rachel Ehrenfeld, an American author, in Britain for stating in her book “Funding Evil: How Terrorism Is Financed and How to Stop It” that he has been involved in financing terrorism. Mr. bin Mahfouz says that charge is false. The book was not published in Britain, but because a few copies were sold there over the Internet, a British court heard Mr. bin Mahfouz’s lawsuit and awarded him a substantial amount. He is now free to ask an American court to collect the judgment.

Foreign libel suits have a chilling effect on free speech in the United States. They make American authors think twice about writing on some subjects. Even if what they write is true, they may face the expense of defending a libel lawsuit in Britain brought by a wealthy plaintiff. Ms. Ehrenfeld maintains that American authors and publishers are steering clear of writing about terrorism financing because of fear of being sued overseas.

Read the rest here.

Americans for the Arts has issued its annual report card, and Congressman Steve Cohen led the Tennessee Congressional Delegation with a perfect A+ score.

All members of the House of Representatives and Senate were graded based upon their voting records on issues ranging from continued funding of PBS to membership in the Congressional Arts Caucus. Congressman Cohen was the only representative from Tennessee with a perfect score, and one of just thirty-six members of the House of Representatives to receive one.

Click here to read the Americans for the Arts 2008 Congressional Arts Report Card.