When Rachel Ehrenfeld's attempt to defend herself against a foreign libel judgment foundered in the U.S. courts due to jurisdictional issues, everyone recognized how wrong that was, and saw, too, the need to close a frightening loophole in the law. And so New York lawmakers went to work ... and on March 31 the legislature unanimously approved the Libel Terrorism Protection Act. Otherwise known as "Rachel's Law," this bill will protect New York writers against foreign libel judgments by declaring all such judgments unenforceable if they are made in countries whose free speech protections are weaker than those conferred by the First Amendment.
"The truth is a critically-important component in the War on Terror,” said Senator Dean Skelos, a co-sponsor of the bipartisan bill. “This important new law will protect American authors and journalists who expose terrorist networks and their financiers. In its decision, the Court of Appeals called upon the State Legislature to revise the law. Today, we made clear that New York State will safeguard the First Amendment and these courageous writers."
MPI fellow Jared Lapidus' short film The Libel Tourist was released at a pivotal moment in Ehrenfeld's case, and helped raise international awareness of the threat libel tourism poses to writers like her. View it here.