ALL MEDIA ADVISORY
For Thursday, July 19
(Released today by The Lindesmith Center-Drug Policy Foundation)
** "Drug War on Trial” Hearing In NY Supreme Court **
** Friday, 9:30 A.M., Narco News Internet Case Set to Set Cyber Speech
Precedent **
The Mexico-based Internet web site, Narconews.com, two veteran journalists
and renowned First Amendment attorneys will have their first day in court in
the “Drug War on Trial” case, Friday in New York State Supreme Court.
The hearing, which is open to the press and public, will take place in
courtroom 205 at 71 Thomas Street, Manhattan. Narco News will hold a press
conference immediately following the hearing.
NY State Supreme Court Justice Paula Omansky will hear oral arguments in
the case of Banco Nacional de Mexico vs. Mario Menendez, Al Giordano and the
Narco News Bulletin in a libel suit that has already been dismissed by three
Mexican judges.
Prominent free speech attorneys Martin Garbus (representing Menendez) and
Tom Lesser (representing Narco News) and journalist Al Giordano
(representing himself) will make oral arguments on behalf of their motions
to dismiss the case.
The Electronic Frontier Foundation – EFF – has also intervened on behalf of
Narconews.com over an important jurisdictional issue that could have
profound consequences for all drug policy web sites. The Court will
determine at this stage of the proceedings whether reports investigated,
published and uploaded from Mexico, about events and news stories already
published in Mexico, can be sued by the National Bank of Mexico, after it
lost the same case three times in Mexico, and be sued in New York.
The Court will also determine, as its first task, whether the reports on
Narconews.com – an internationally respected anti-prohibitionist web site
published by former Boston Phoenix political reporter Al Giordano –
constituted protected opinion under New York law, or were “of and
concerning” the bank when they were primarily about official government
behavior and media criticism regarding the war on drugs.
“The entire drug policy reform movement is watching this case very
closely,” said Matt Briggs, a spokesman for the Lindesmith Center – Drug
Policy Foundation. “Because it could impact the robust speech and dialogue
that are so necessary to reforming the drug laws. If web sites and
journalists around the world can be dragged into New York court to defend an
expensive lawsuit, that would have a chilling effect on the free speech of
all of us.”
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