King Fights to Protect Free Speech
Introduces bill to protect journalists, authors from libel lawsuits

April 23, 2008

For Immediate Release
Contact Carol Danko
202-225-7896

WASHINGTON - Rep. Peter King (R-Seaford) introduced the Free Speech Protection Act (H.R. 5814) to protect the first amendment rights of Americans who are sued for defamation in foreign courts. With the rise of libel tourism, the fear of a lawsuit has become a deterrent for American authors, journalists, and publishers seeking to publish works on controversial topics such as terrorism. King’s bill provides protections that will deter foreigners, generally from Arab nations, from suing Americans.

“One of the greatest rights we have in America is freedom of speech,” said King. “This freedom should not be hindered by foreigners seeking to exploit these rights under the guise of defamation.” 

Recently there has been a rise in “libel tourism,” where foreigners take advantage of plaintiff-friendly foreign court systems, such as in the United Kingdom, in order to sue Americans for defamation. When sued in foreign courts, it has been difficult for Americans to counter-sue, as they could not establish standing in U.S. courts.

The Free Speech Protection Act establishes standing by allowing the sued American to bring a federal cause of action against any person bringing a foreign libel suit if the writing does not constitute defamation under U.S. law. It also bars the enforcement of foreign libel judgments and provides other appropriate injunctive relief by U.S. courts if a cause of action is established.

“Our journalists provide us with insight on issues that affect Americans, such as war and terrorism,” said King. “We cannot allow their voices to be silenced by those who prefer to keep secret the inner details of these issues. American authors and journalists should be able to practice their Constitutional rights without the fear a lawsuit.” 

New York State currently has a bill to address this legislation at the state level. King’s bill raises the issue to the federal level.

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