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Dear Friends,

On April 2, 2011 the International Free Press Society, based in Copenhagen,
awarded me the 2011 the Sappho Award for Free Speech.  The award recognized
my contribution to the preservation of free speech, made through the
enactment of the federal SPEECH Act of 2010, "Rachel's Law" in New York
State, and similar anti-libel tourism legislation passed in several other
states. The enactment of the laws in the United States is also spurring
libel law reform in England, and I hope it will have a wider impact in other
European countries as well.

 

Please see below the speech given at the award ceremony held in Copenhagen
on April 2, 2011. Forward it to your friends. 

 

Free speech is a right, not a privilege. We must continue to fight together
to ensure that it is not taken from us.

 

Join the American Center for Democracy's efforts to strengthen our freedoms
in the United States and the world over.

 

Thank you,

 

Rachel Ehrenfeld, Ph.D.

Director, American Center for Democracy

[email protected] 

www.acdemocracy.org

Tel: 212-399-4246

 

 
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9HYVW-rfYQL4wFwG21K2tw3Q==>  

 

Free Speech in a Non-Free World 

 

I am honored and privileged to accept this award from the Free Press
Society, a dedicated and effective warrior in the battle to protect our
right for free expression. Special thanks to Lars Hedegaard, who helps to
uphold this freedom in Denmark by fighting to ensure that reporters can
speak the truth without fear of censorship and intimidation by those abusing
the country's inadequate libel and hate speech and hate crimes laws.

 

These laws are written so broadly as to allow a suit by almost anyone who
claims that he or she feels insulted or intimidated by a public statement.
The truth does not matter. The prosecution is subjective and the judgment
can be entirely based on the plaintiff's misguided perception. Many European
countries have similar low standards for defamation suits. Speaking one's
mind risks civil and criminal suits. The combination of the European Union's
decision in November 2008 to criminalize Hate Speech and Hate Crimes and the
draconian defamation laws in member states facilitated the triumph of
censorship and the suppression of free speech. 

 

I am fully aware of the threats to my financial and even my physical well
being should I say something that some Danes, Europeans, or even foreigners
could interpret as offensive. Indeed, your laws have forced me to limit my
remarks today. So I invite you all to look at the website of the New York
based American Center for Democracy (
<http://r20.rs6.net/tn.jsp?llr=wus7micab&et=1105056551591&s=2577&e=001Spscho
-YVByLf_SPfcOkqDgySg8Y8-4rw-WEk4spjYjCZvT8gFzR0uRcDf2IZlD-7xJuFwCEz5Odh2FJaV
MpNIPkiVW5zNJFlif308zgYJfoSjBPrBfeDA==> www.acdemocray.org), a
not-for-profit organization that I head, to get a fuller perspective on the
issues we cover and the causes we promote to protect our freedoms, including
free expression. 

 

I have devoted the past six years to defeating libel tourism and its
chilling effects on free speech in the United States follow the American
tradition of treasuring, fighting and protecting freedom.

 

The American colonies rebelled against British Empire to secure liberties
denied them by the monarchy and the Church. The United States battled
tyranny and oppression in various forms over centuries, as have some
European countries. Yet in the twenty-first century, many in Europe and the
U.S. have lost the appreciation for the liberties that set them apart from
the rest of the world - liberties that contributed to the establishment of
free, liberal, and developed societies. This seems to be the prevailing
attitude in Denmark, Belgium, France, and a different former British colony,
Canada, to name but a few places.

 

Over the years England, in particular, has become a libel suit hotbed where
wealthy plaintiffs from anywhere in the world with even the most tenuous
links to England could obtain a judgment against writers from other
countries, no matter how carefully the work in question has been documented.
Known as a "a town called Sue," London has become the Mecca for libel
tourism.

 

Soon after September 11, 2001, Saudi and other Middle Eastern financiers of
al Qaeda and other radical Muslim terrorist organizations started exploiting
plaintiff-friendly British libel laws to silence the Western media from
exposing their activities. The financiers' tremendous wealth and Britain's
speech-suppressive legal framework created a double-pronged weapon of
intimidation that succeeded probably beyond what were even the plaintiffs'
expectations.

 

In addition to deterring the media from exposing terrorist financing, this
form of lawfare was so effective that the press refrained from identifying
it. This kept the public ignorant of the media's submission to forces
determined to destroy Western freedoms.

 

I discovered this impact in 2004, when I was first threatened with a libel
suit in London by a Saudi terror financier, who I had named in my book,
Funding Evil: How Terrorism is Financed and How to Stop It. He chose
London's High Court to sue me and more than forty writers, many Americans
included, in London, because he could have never succeeded to prove his
innocence under American libel laws. 

 

The problem has gotten so bad, that in August 2008 the United Nations Human
Rights Committee acknowledged it in its assessment of British libel law. The
Committee wrote that it was "concerned that the State party's practical
application of the law of libel has served to discourage critical media
reporting on matters of serious public interest, adversely affecting the
ability of scholars and journalists to publish their work, including through
the phenomenon known as "libel tourism." The Committee then warned that
unless England reformed its libel law, the "State party's unduly restrictive
libel law will affect freedom of expression world-wide on matters of valid
public interest."

 

Since my work focuses on exposing the means used to suppress our freedoms, I
recognized that it was important to stop this form of oppression. My actions
following the Saudi suit in London led to the passage of the Anti-Libel
Terrorism Protection Act, also known as "Rachel's Law," by the New York
legislature in May 2008.

 

Since of May 2008, Rachel's Law has protected New York-based authors and
publishers against the scourge of libel tourism. It has since served as the
basis for similar legislation in seven other states, and more importantly,
for the federal SPEECH Act that was passed by the U.S. Congress unanimously,
and the only law to gain bipartisan support in the 111th Congress. The
SPEECH Act drew the support of a national coalition of most major U.S. free
speech organizations, headed by the Association of American Publishers. The
SPEECH Act provides American writers and publishers protections from the
enforcement of foreign libel judgments from countries with lesser protection
for free expression than those provided by the First Amendment. It was
signed into law in August 2010.

 

While the SPEECH Act was enacted to protect Americans right for free
expression, it has also spurred legal reform in Britain. The British
Parliament is now considering a libel law reform bill, which reflects the
American notions of free speech protections. Significantly, it establishes
truth and honest opinion as defenses to a defamation suit. The bill will
also curtail libel tourism by only allowing suits to be brought by
plaintiffs connected to Britain through residence or if they can prove that
the alleged defamation affected them there.

 

I hope the bill passes swiftly and that other European countries soon follow
suit in liberalizing their defamation laws. However, Europeans' free speech
rights will remain obstructed until European hate speech and hate crimes
laws are also reformed.

 

I wish the Danish Free Press Society succeeds in its efforts to reform
Denmark's libel,  hate speech and hate crime laws that now hinder your free
expression. Some of you have stood up to oppression before and I hope that
you soon prevail and regain your right to speak freely.

 

The preservation and advancement of free societies, our Western values  and
the integrity of our respective democracies depends upon our ability to
freely investigate, publish, and exchange information and opinion.

 

My experience with libel tourism strengthened my appreciation of how
fundamental and valuable is the right to free expression.

 

Advancing the protection of freedom of speech in the United States is one of
the proudest accomplishments of my career. I am confident that over the next
few years, together with the American Center for Democracy, we will be as
successful in promoting effective solutions to the challenges facing the
liberties, security, and economic well-being of Western democratic societies
the world over.

 

We should remember that free speech is a right, not a privilege. Therefore
we must be alert to prevent any attempt to take it away from us.

        

 



[Non-text portions of this message have been removed]



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[email protected]

http://www.intellnet.org

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