Talk Radio News Service: News, Politics, Media

By Antonia Aguilar - University of New Mexico/Talk Radio News Service

The ability for a plaintiff to use foreign laws to inhibit publications within the U.S. is what prompted the Senate Judiciary Committee to address on Tuesday the growing threat of lawsuits against American writers and publishers, and explore ways to help better protect their First Amendment rights from threats against them overseas.

"Publications exposing financial improprieties, consumer protection issues, medical malpractice, and sexual abuse have all fallen victim to libel tourism lawsuits around the world,” said Chairman Patrick Leahy (D-Vt.)

'Libel tourism' is a term used to describe plaintiffs who seek out foreign courts in countries where there is no regard for freedom of speech in hopes of gaining a favorable verdict.

According to witness Kurt Wimmer, an attorney who focuses on media law and intellectual property, the looming threat of a lawsuit from a foreign entity that does not honor the right to free speech has many journalists and publishers leery of addressing controversial topics or exposing damaging truths.

“This chilling effect not only jeopardizes individual members of the media, but also impedes the crucial free flow of information and ideas to the American public on matters of public concern,” he said.

To counteract these threats, Congress must create more protections against libel tourism, according to witness Bruce Brown, a defense attorney who focuses on libel and invasion of privacy defense, copyright and the law of news gathering.

“Congress must enact legislation to prevent libel tourists from taking advantage of lax foreign defamation laws to suppress the First Amendment rights of US. citizens and chill their future speech,” said Brown.

“This is international forum shopping of the worst kind,” said Leahy. “We can all agree that our courts should not become a tool to uphold foreign libel judgments that would undermine our First Amendment or due process rights.”

Two libel tourism bills are pending before the committee and they both address what role U.S. courts should play in protecting the First Amendment rights of the Constitution, according to Leahy.