The Saudis Are Coming ...

For Whom The Bell Tolls: Ehrenfeld vs Bin Mahfouz, by Phyllis Chesler (posted by request)

“The Saudis are Coming, the Saudis are Coming”—and this time they mean to tax and silence us via lawsuit not via military action. Paul Revere’s pre-Revolutionary alarm about “The British are Coming” might still apply since British Law is now actively aiding and abetting the Saudi Crusade against Freedom of Speech in the West.

Where are all the First Ammendment fanatics when we need them? Actually—they are all here. (See below for the incredible line-up of organizations that submitted an Amicus Curiae brief).

First, for our hero. Dr. Rachel Ehrenfeld wrote a book “Funding Evil. How Terrorism Is Financed—and How to Stop It.” One of the funders whom she named is Khalid Salim Bin Mahfouz—who sued Ehrenfeld in London because, although Ehrenfeld does not live, work, or publish in England, 23 people based in the UK bought her book on the Internet.

This means that if anyone writes a book in America or in Europe which tells the truth about Islamic terrorism, that both author and publisher can be sued in London for “libel” where libel laws favor the accuser. However, if an author is not a multi-millionnaire and cannot afford to defend herself or to risk being ordered to pay for both her own and for the plaintiff’s barrister—she is royally screwed. She might as well give up telling the truth about Islam and publishers might restrict their titles to gardening and the occult. (See a short film about Ehrenfeld’s struggle with Libel Tourism produced by Rob Pfaltzgraff. HERE: http://www.thelibeltourist.com/cgi-local/content.cgi )

The brave and determined Ehrenfeld, whom no philanthropist, corporation, government entity or defense fund supported, chose not to defend herself in London. It was too expensive, and also too dangerous, given how often the London courts find for plaintiffs in such matters. Thus, Bin Mahfouz won in London but only by default; however, the interest continues to accrue. Ehrenfeld instead sued for a declaratory judgement in New York State. She and her lawyer, Daniel J. Kornstein, wanted the Court to determine that the London-based default judgement against her is un-enforceable in New York—just in case Mahfouz decided to come after her here to enforce the London judgement.

Every major publisher and bookseller, including Amazon. Com, signed onto Ehrenfeld’s lawsuit in an Amicus Brief. The signatories include Advance Publications, The American Society of Newspaper Editors, The Association of American Publishers, The Author’s Guild, The European Publisher’s Council, Forbes, Gannett Co., The Newspaper Association of America, The Online News Association, The Radio-Television News Directors Association, The Reporters Committee for Freedom of the Press, The World Press Freedom Committee.

On December 20, 2007,Judge Carmen Ciparik, writing for a unanimous Court, determined that “there is no personal jurisdiction yet over Mahfouz in New York State.”The court’s decision may be read HERE http://www.nycourts.gov/reporter/3dseries/2007/2007_09961.htm Lawyers assure me that the ruling is along technical, jurisdictional grounds and responds narrowly to the question put to it by the Second Circuit of whether New York State has jurisdiction over Mahfouz.

We do not know how the New York Courts would rule if Mahfouz actually came here and tried to enforce his London judgement. Also, the Federal Appeals Court, Second Circuit, did not ask the New York State Court of Appeals to “opine upon the propriety of English libel law or its differences from United States and particularly New York State counterparts.” Dr. Rachel Ehrenfeld said: “This is a sad day for all Americans. Failing to protect my rights for freedom of speech under the Constitution’s First Ammendment laws, the New York Court of Appeals opened the door to those wishing to curtail the U.S. press and media willingness and ability to freely investigate and report on matters important to our survival as a free nation.”

Dr. Ehrenfeld’s lawyer, Daniel Kornstein of Manhattan, said: “The chill continues. That’s the danger and the risk and the problem that we tried to stress. It creates a sword of Damocles that inhibits authors and publishers, and readers can’t read about it.”

Ehrenfeld, (Daniel Pipes, Robert Spencer, the David Project) yesterday, Mark Steyn today; which author will be sued tommorrow?

Paradoxically, the same internet which allows for more freedom of speech is now also responsible for chilling that very speech. We have got to put our money where our principles are. The West will have to start funding authors like Ehrenfeld just as if she were a prize fighter or football player—or a national resource. Until or unless this happens, ever fewer authors and publishers will be willing to take the enormous risk of speaking truth to power.

Dr. Ehrenfeld may be contacted at www.acdemocracy.org , through Audrey Mullen at audrey@advocayink.com Tel: 703-548-1160, or through her website: ehrenfeld@acdemocracy.org

_______________________________________________________________________
Sharing the article and Trackposted to Stop the ACLU, The Midnight Sun, Rosemary's Thoughts, guerrilla radio, 123beta, Stix Blog, Stuck On Stupid, Big Dog's Weblog, Chuck Adkins, Conservative Cat, Nuke's, third world county, Faultline USA, Allie is Wired, The World According to Carl, The Pink Flamingo, Right Voices, and The Yankee Sailor, thanks to Linkfest Haven Deluxe.

Comments

[Spree]

Off topic but I wanted to wish you a very Merry Christmas Debbie and to all your readers.

[Rastaman]

At risk of being sued, I want to wish everyone a very Merry Christmas and a happy and prosperous New Year!

Rasta

[heidianne jackson]

wow. chilling is right. but those of us who are faithful readers of yours and others are preparing ourselves to stand strong against this crap.

for you, too, i am grateful. merry christmas debbie and hubby and the happiest of new years too!!!

[Rosemary]

I refuse to be chilled, although I have this odd feeling in the pit of my soul. My stomach, too. I will help us to stand against this. We all must. Let our anger be turned into something productive. Remember, we determine our behaviour, just as these animals do...

[Rosemary]

Dear Debbie, I pray for your family and you many blessings this season and always, and I also pray for your family and you to have a wonderfully Merry Christmas. ;)

[Ernesto Ribeiro]

I really wanted get some positive words about America in this Christmas, but, once we couldn't NUKE SAUDI ARABIA RIGHT NOW, I only can scream very loud to New York Courts and mainly Londonistan Courts under the new British Law, FUUUUUUCK OFF!!!!!!!!!!

[Roger W. Gardner]

Excellent post. Wonderful woman!
This reads like a some exciting novella, only the good guys don't win in the end.
I can't beileve this terrible outcome. And the brave Dr. Ehrenfeld came here to us expecting her freedom of speech to be upheld.

Disgraceful.

I don't give a damn about the letter of the law, or precedents, or any other legal aruguments. There is such a thing as national honor, national integrity. Damn it! This nation is supposed to stand for something, and if our laws don't support that moral stand then we must quickly change those laws.

Dr. Ehrenfeld came to us for protection and we turned our backs on her. Is this the New America? Are we to become another England, bowing to Muslim intimidation?

When the hell are we going to start getting mad? When the hell are we going to start fighting back? When the hell are we going to start doing our own fighting, instead of letting brave authors like Rachel Ehrenfeld do our fighting for us, and then cowardly abandoning them?

DAMN!