http://www.azcentral.com/arizonarepublic/opinions/articles/2010/03/02/20100302tue1-02.html



*Free speech is under assault*

Mar. 2, 2010 12:00 AM
The Arizona Republic

If it seems like suppression of free speech is gaining ground in all corners
of the globe, you may be more right than you realize.

It is not just Iranian dissidents or Venezuelan journalists being muzzled.
Foreign totalitarians and zealots are after us, too.

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Constitutionalists are becoming increasingly concerned about "libel
tourism," a legal phenomenon that allows foreign nationals to sue Americans
for libel, first through the courts of a foreign country, then in U.S.
courts.

One of the most prominent potential U.S. victims of "libel tourism" is M.
Zuhdi Jasser of Tempe, an outspoken Muslim critic of Islamic fundamentalists
worldwide.

A Saudi Arabia citizen criticized by Jasser on the activist's Web site has
threatened a libel suit against him in Great Britain, where libel is much
more favorable to plaintiffs than in the United States. Jasser is concerned
the wealthy Saudi could pursue a successful judgment from a London court in
this country.

"It's nerve-wracking because we're not a billion-dollar non-profit," said
Jasser, who directs the American Islamic Forum for Democracy.

In fact, there are several recent examples in which Americans who either
published books sold overseas or simply commented on the Internet have been
pursued legally here as a result of judgments against them in other
countries.

Or even *by *other countries: Freelance writer Joe Sharkey, who writes a
business-travel column for the *New York Times*, is being sued by the nation
of Brazil, which contends he libeled the entire country when he wrote on the
Internet about surviving a midair collision over the Amazon.

"They have made this bizarre assertion that, by insulting Brazil, I have
insulted every citizen of Brazil," said Sharkey, who is being assisted in
his defense by lawyers hired by the *New York Times*. Sharkey dared report
the findings of the crash investigation, which found the incident was likely
the fault of Brazilian air-traffic controllers.

Not all defendants against this modern-age assault on free speech have such
deep-pocket defenders. As such, several states - including California,
Florida, Illinois and New York - have passed legislation to protect U.S.
citizens against foreign defamation suits.

Legislation in Arizona is pending, as is a federal proposal sponsored by
Sen. Arlen Specter, D-Pa. Specter's bill recently was defended
enthusiastically in a Judiciary Committee hearing by Arizona Republican Sen.
Jon Kyl.

Introduced in Arizona by former Sen. Jonathan Paton, R-Tucson, Senate Bill
1268 would prohibit Arizona courts from recognizing a defamation claim that
originated in a country whose protections of freedom of speech and the press
are inferior to those of the United States. Paton's bill passed through the
Senate in February.

We live in an age in which ideas and arguments fly across the globe almost
instantly.

As Americans, we hold the right to express those ideas and arguments as
unalienable. Assaults on those rights, like "libel tourism," tell us just
how rare, and fragile, they are.

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