Rachel’s Law unanimously passes the NYS legislature: Victory!!
comment by Jerry Gordon
I had lunch today in Manhattan with an obviously nervous Rachel Ehrenfeld in Manhattan. It was getting down to the wire on the NYS legislature passing the “Libel Terrorism Protection Act” or “Rachel’s Law” as we have come to call it. And so they did following resolution of the annual budget. Watch this YouTube video of Queens Democratic Assemblyman and bill co-sponsor, Rory Lancman casting his affirmative vote for the important measure. This is a victory for all Americans because as Rachel said ‘this is about the First Amendment that all Americans should support’. We discussed next steps should the legislation be passed and enacted into law, as it surely will. The legislation will enable Ehrenfeld to return to Federal court to finish off the process, and perhaps gain a wider audience nationally, even possibly going up to the US Supreme Court for consideration. There is also talk, she said of possible federal legislation modeled on the New York law.
Americans owe a debt of gratitude to the stubborn perseverance of Dr. Ehrenfeld and the unsung hero in this fight her counsel, Daniel Kornstein, a pillar in the first Amendment bar, whose literate briefs are avidly read and followed.
Doubtless there will be more to come on the ‘tourist libel’ issues, now that Rachel’s Law becomes reality, given upcoming seminars on the matter.
But, having left Rachel today, I was reminded by her that when they lost the New York Appeals Court decision, both she and Counsel Kornstein immediately went to work during the Christmas New Year’s break to draft this landmark legislation and enlist support from key New York State Assembly and Senate members.
All honors to Rachel and Dan Kornstein and all in the New York Assembly and Senate who strove mightily to win this important battle for Justice.
Legislature Passes Libel Terrorism Protection Act To Protect American Journalists and Authors From Overseas Defamation Lawsuits
Albany, NY (March 31, 2008) – The New York State Legislature today unanimously passed the “Libel Terrorism Protection Act” (S.6687/A.9652), sponsored by Assemblyman Rory Lancman (D-Queens) and Senate Deputy Majority Leader Dean G. Skelos (R-Rockville Centre).
When signed into law by Governor David Paterson, this legislation will protect American journalists and authors from foreign lawsuits that infringe on their First Amendment rights.
In Ehrenfeld v. Mahout, New York State’s highest court held that it would not protect Dr. Ehrenfeld from a British lawsuit filed by Saudi billionaire Khalid Salim Bin Mahfouz, where she was ordered to pay over $225,000 in damages and legal fees to Bin Mahfouz, as well as apologize and destroy existing copies of her books.
Dr. Ehrenfeld sought a court order in November of 2006 to protect her constitutional rights, but in a ruling with national First Amendment implications which sent legal shockwaves throughout newsrooms across America, as well as potentially undermining our ability to expose terrorism’s financial and logistical support networks, the New York Court of Appeals ruled that it does not have jurisdiction to protect Americans – on U.S. soil – from foreign defamation judgments, which contradict the First Amendment to the United States Constitution.
The Libel Terrorism Protection Act declares overseas defamation judgments unenforceable in New York unless the foreign defamation law provides, in substance and application, the same free speech protections guaranteed under our own constitution, and it gives New York residents and publishers the opportunity to have their day in court here in New York.
“This is a great day for free speech and freedom of the press, and I urge Governor Paterson to quickly sign this legislation into law. This law will protect our journalists and authors from trumped up libel charges in kangaroo courts in overseas jurisdictions which don’t share our commitment to free speech and freedom of the press,” said Lancman.
“This law will give New York’s journalists, authors and press the protection and tools they need to continue to fearlessly expose the truth about terrorism and its enablers, and to maintain New York’s place as the free speech capitol of the world,” Lancman concluded. Lancman’s remarks on the Assembly floor are viewable here
“The truth is a critically-important component in the War on Terror,” said Senator Skelos. “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.” #####
March 31st, 2008 at 10:40 • opinion • Rachel Ehrenfeld • Libel Terrorism Protection Act passes NYS legislature • counsel Daniel Kornstein • 0 Comments •
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