Protecting free speech

The American press is significantly freer than the British one because of the free speech guarantee enshrined in the First Amendment. In the US unlike in the UK, the burden of proof in libel cases is on the plaintiff not the defendant; making it far harder for the powerful to use the threat of libel actions to silence the media. However, there has been an increasing trend for people to indulge in so-called ‘libel tourism’, suing American authors and journalists in English courts.

Senators Specter and Lieberman are proposing a legislative remedy to this problem:

“Our bill bars U.S. courts from enforcing libel judgments issued in foreign courts against U.S. residents, if the speech would not be libelous under American law. The bill also permits American authors and publishers to countersue if the material is protected by the First Amendment. If a jury finds that the foreign suit is part of a scheme to suppress free speech rights, it may award treble damages.