Write an unfavorable mention of someone and you could be defending yourself in a British court, where the absence of critical free speech provisions inadvertently triggers senseless libel law suits. These "victims" of published material exploit the system to file suit in countries where laws are most favorable to them and least protective of writers, including Britain among others. Widely known as libel tourism, this practice has become a major hindrance to free speech for Americans that distribute books or articles within the U.K.
Released in 2007, MPI's short film The Libel Tourist tells the story of Rachel Ehrenfeld who fell victim to one such libel suit. Her case and other recent cases have forced Americans to take a closer look at this problem. Motivated by Ehrenfeld's experience, New York state enacted "Rachel's Law" in 2008 to ensure First Amendment provisions for New York writers. Other states like California, Louisiana, Florida, and Illinois have taken the same measures.
Inspired by New York's actions, Members of Congress introduced 2009 The Free Speech Protection Act, which was passed in the House and is now in front of the U.S. Senate Judiciary Committee. This legislation would shield American authors and publishers from suits filed in countries that do not have our strong free speech protections, and bring justice to those subject to such radical scrutiny.