New York Enacts Libel Terrorism Protection Act

As reported on the First Amendment Center website, New York has enacted the Libel Terrorism Protection Act. The statute bars the enforcement of foreign defamation judgments unless a New York court has found the foreign court proceeding provided “at least as much protection for freedom of speech and press in that case as would be provided by both the United States and New York Constitutions.” Background information on this legislation and the events to which it responded was provided in prior posts.

In a parallel effort to address "libel tourism" at the federal level, earlier this month Senators Arlen Specter and Joseph Lieberman introduced the Free Speech Protection Act of 2008 (s. 2977). In the accompanying press release from Senator Lieberman, the bill is described as creating "a federal cause of action and federal jurisdiction so that federal courts may determine whether there has been defamation under United States law when a U.S. journalist, speaker, or academic is sued in a foreign court for speech or publication in the United States." If the speech or writing that is the subject of the foreign judgment would not constitute defamation under American law, a federal court would then enjoin the enforcement of a foreign judgment.   

    

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