New York Legislation To Protect Authors:
Status Update
ACT for AMERICA ~ ~ ~ 21 Jan 2008
As reported in recent emails, legislation to protect authors from what has been called "libel terrorism" has been introduced in the New York state legislature.
The catalyst for this legislation was the recent New York appeals court ruling that it could not protect Rachel Ehrenfeld from a lawsuit that had been filed against her by a wealthy Saudi Muslim in British court. Ms. Ehrenfeld is a member of the Advisory Board of our sister organization, American Congress for Truth.
The Saudi, Khalid Salim bin Mahfouz, has filed dozens of such lawsuits against American authors alleging libel and defamation of character. In numerous cases these lawsuits, clearly intended to intimidate and silence free speech and press rights, have led to publishers making public apologies, issuing retractions, or pulling books from stores.
Why does bin Mahfouz file these lawsuits in Great Britain? Because, unlike in America, where the plaintiff who alleges he has been libeled must prove that the author libeled him, in Great Britain the author has to prove he didn't. In other words, the burden of proof in Great Britain falls on the author, whereas in the United States, it falls on the person who alleges the libel.
The distinction is very important. By placing the burden of proof on the plaintiff, American law maintains a very high legal bar, thus providing strong protection of free speech and press rights of authors and journalists. In contrast, the British system, by placing the burden of proof on the author, maintains a much lower legal bar, making it much easier for plaintiffs to win libel suits. This means significantly less protection for authors and journalists from Muslim lawsuits intended to intimidate them or force them into silence.
This is an especially important issue in the ongoing effort by Muslims to stifle and silence criticism of militant Islam and the terrorism that results. If American authors and journalists who are exposing Islamic terrorism and the root causes for it are forced to play by British legal rules rather than ours, the ramifications for free speech and press rights in America are ominous.
Authors will be afraid to research and write. Publishers will be afraid to publish. Newspapers will be afraid to report. This can't be allowed to happen in America!
It is for this reason that the actions of people like bin Mahfouz have been rightly dubbed "libel terrorism" -- and why the proposed New York legislation is so essential as a first, significant step in putting a stop to it.
The legislation has been introduced and a bill number has been attached to it. Assemblyman Rory Lancman, Assembly sponsor of the bill, and Senator Dean Skelos, are now seeking additional co-sponsors. Once that has been completed, the bill will be referred to the appropriate committees in both the Assembly and the Senate.
When the time is right, we will ask every one of you who live in New York state to take action, and we will let you know exactly what you can do.
But even if you do not live in New York, because this legislation has national implications, we will encourage you to take specific action that will help ensure the bill's passage.
We are also currently in communication with a few of our allies in Congress regarding the New York legislation and the ultimate need for a federal law as well.This is a prime example of why our ACT! for America citizen action network is so important. The average American and the average New Yorker will have no idea that such a critical battle for free speech and press rights is taking place. But you will. And as we mobilize on behalf of the bill, we increase its chances to pass. The same will be true when we begin our fight to get legislation passed in the Congress.
This illustrates why we ask you to sign petitions, contact elected officials, forward emails, join a chapter or help start a chapter. This is just one example of why, over the last few months, Brigitte Gabriel and I have frequently communicated with you about the necessity of action. The battles that need to be fought will not be won if we are spectators on the sidelines – even if we are well-informed spectators. Merely knowing about the threat of Islamic fascism is not going to defeat the threat of Islamic fascism. Knowing and acting will.
I have worked in politics and grassroots organizations for nearly 25 years, and I have witnessed this truth over and over again – people with a vision, financial resources, organization and a commitment to action win the political battles. They don't have to represent the opinion of the majority. In fact, oftentimes they don't. They don't have to be "right" – and oftentimes they're not.
We are an organization committed to action for you, your families, and for America. We are an organization committed to winning the war against Islamic terror and fascism for you, your families and for America.
But it's a team effort. You can count on us to do our part, but we need your help along the way to be successful. Not every day. Not even every week. But every once in a while we need you to help us with a financial contribution, or to contact an elected official, or to sign a petition. And every once in a while a battle or issue will be so important that we will need every single one of our members to take action.
The process of getting this bill passed in New York is going to take time, and we're going to follow it every step of the way. You can count on there being opposition to this bill – especially from activists in the Islamic community. But with your help we will see the bill passed and the free speech and press rights of New York authors and publishers protected from the "libel terrorism" that is determined to steal those rights away. With your help we will win a legislative victory that will set an important precedent for other states and the federal government to follow.
With your help we will prevail.
Thank you for your support and for your love of America.Guy Rodgers, Executive Director
To join ACT for AMERICA, send your name and e-mail address to me at:
ACTforA@NewYork.USA.Com Knowing AND Acting can make the difference.
-- Allan
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