• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • About
    • Our Mission
      • Political Islam
    • Areas of Expertise
      • Economic Warfare
        • Cyber Security
      • U.S. Policy
      • Anti-Corruption
      • Foreign Election Observing
      • Supporting Free Speech
        • Legislation
      • Impact of ACD’s Work
      • Free Speech Celebration, U.S. Senate
    • Board of Directors & Advisors
    • Our Team
    • Contact Us
    • Subscribe
  • Our Impact
    • Endorsements
    • Additional Praise
  • Media
    • Recent Interviews
    • Events
      • Coming Events
    • Radio
    • Television
    • Rumble / Youtube
  • Publications
    • All Posts Archive
    • ACD Presentations
    • Articles
    • Books
    • Papers
    • Recommended Readings
  • Free Speech
    • Legislation & Support
    • Impact of ACD’s Work
      • FREE SPEECH Act Celebration, U.S. Senate, September 20, 2010
      • Some Congressional Testimonies
  • Economic warfare
    • The Impact of Purposeful Interference on U.S. Cyber Interests
    • Cyber/Space, EMP Insecurity- Current and Future Threats
    • The Existential EMP Threat
    • New Strategies to Secure U.S. Economy from Cyber Attacks
    • Economic Warfare Subversions July 9, 2012
    • CyberSpace Security – Papers And Articles
    • Cyber Security
    • Da’esh “lite” North America Islamist – Sources
    • The Muslim Brotherhood and Da’esh “Lite” in North America
  • Support ACD
    • Donate
    • Subscribe
    • Contact
American Center for Democracy

American Center for Democracy

  • facebook
  • twitter
  • youtube
  • linkedin
  • Free Speech
  • U.S. Policy
    • U.S. Foreign Policy
  • Political Islam
    • Canada
    • Hamas
    • Iran
    • Islam
    • Muslim Brotherhood
    • Palestinian
    • United States
  • Narco-Terrorism
  • Middle East Conflicts
    • Iran
    • Israel
  • Global Conflicts
    • China
    • North Korea
    • Russia
    • Ukraine
  • Soros
You are here: Home / Free Speech & Libel Tourism / In Support Of S. 3518, The Speech Act

In Support Of S. 3518, The Speech Act

July 10, 2010 by Letter to the Senate Judiciary Committee | by R. James Woolsey, ACD Board Member

Hon. Patrick J. Leahy
Chairman Committee on the Judiciary
433 Russell Senate Bldg
United States Senate
Washington, DC 20510

The Honorable Jeff Sessions, Ranking Member
Committee on the Judiciary
326 Russell Senate Office Building
United States Senate
Washington, DC 20510

Dear Chairman Leahy and Senator Sessions:

I write to you in support of S. 3158, the “Securing and Protecting our Enduring and Established Constitutional Heritage Act,” or the SPEECH Act, which you have introduced. In my view its passage is a vital step in safeguarding our national security and upholding our ideal of freedom of expression.

I have served four Presidents – two Democratic, two Republican – as a Presidential appointee in the field of national security, most recently as Director of Central Intelligence, 1993-95. I am especially concerned with the way in which our current enemies – Islamist terrorist movements and those who fund and support them – have been able to use “lawfare” to prevent honest examination and exposure of the facts by American authors and journalists conducting good-faith investigations and research into matters of U.S. national security. Such authors and journalists have increasingly been sued for libel by corrupt foreign billionaires, terror financiers and hostile political figures by suits being brought in countries such as the UK that have plaintiff-friendly libel laws. In many cases, these plaintiffs, known as “libel tourists,” have used the foreign libel laws as a weapon to target U.S. scholars, researchers, bloggers and others for publications that are entirely unobjectionable under American law. Such suits have caused heavy financial burdens, forcing authors and publishers into silence; they have ruined reputations and deterred others from further investigative reporting.

This libel tourism is a very dangerous weapon against our ability to understand and circulate descriptions of the activities, such as the funding of terrorist groups, by our enemies. No one is immune from having this weapon used against them – I testified, for example, several years ago in a UK court on behalf of the accuracy an article in the Wall Street Journal in a case brought by the now-deceased Saudi billionaire Khalid bin Mahfouz. The trial judge ruled against the Journal — this same judge has ruled against a number of libel defendants in cases brought by Mr. Mahfouz and other libel tourists.

The Journal eventually prevailed on major issues once the case was appealed to the House of Lords, but very few authors or publications can afford this kind of a legal fight.

A case that illustrates the effect of even a threat of such suits, is the book “Alms for Jihad,” authored by two Americans. Their English publisher, Cambridge University Press, was threatened by Mr. Mahfouz. Cambridge University Press chose to settle, recalled and literally pulped all copies of the book.

Cambridge University has been for more than eight centuries a distinguished seat of Western learning. For its press to be forced to hold a book burning is a disgrace.

It should be noted that in many of these libel tourism cases the book or publication which the plaintiff seeks to repress has never been sold or published in the country where he brings suit. This was the case with the book “Funding Evil: How Terrorism is Financed and How to Stop It,” by the New York based author, Rachel Ehrenfeld, who was also sued by Mr. Mahfouz. The English court held that a few copies ordered over the internet by purchasers who had addresses in the UK were sufficient to establish jurisdiction. Ehrenfeld’s refusal to submit to the jurisdiction of the English Courts led the judge – without hearing a case on the merits, and in her absence – to make a declaration of falsity. In his default judgment against Ehrenfeld, the judge also ordered her to pay heavy fines and legal fees. Ehrenfeld’s efforts to prevent the enforcement of the British judgment in New York, initiated the first anti-libel tourism law in New York State, in 2008. It is time to protect all Americans.

This lawfare deprives the American public and policy makers of vital information. It endangers our lives and liberty, and the safety and integrity of our democracy.

Freedom of speech and national security are inextricably linked. As Jefferson said so well, we cannot have the latter without the former. Freedom of expression encourages our citizens to responsibly find, develop, exchange, and publicize information on critical issues affecting their welfare. Our Constitution enables Americans to do this without fear of reprisal by our government. But absent a change in US law, foreign libel laws will continue to suppress close scrutiny of terrorists and those who finance them by scholars and the media. We must ensure that those who help protect our freedoms by research, broadcast, and publication are not unjustifiably subjected to the whims, attitudes, and powers of others.

I applaud you for introducing the SPEECH Act, which is designed to counteract the chilling effects of libel tourism by preventing the enforcement of foreign libel judgments whose award does not comport with American standards of due process and freedom of expression, and permitting the recovery of attorneys’ fees in certain instances.

The passage of this bill will help ensure that we maintain our strength, vigilance, and liberties in the years ahead.

Thank you for your leadership and work on this critical issue.

Sincerely,

R. James Woolsey

Filed Under: Free Speech & Libel Tourism, Supporting Free Speech

Primary Sidebar

Spotlight

website capture islamist incitement quote by j.woolsey obama signing Rachel's law chemical terrorism transportation terrorism nuclear threats on the rise winning the cyberwar gps concepts and misconceptions libel tourism

Search ACD

Recent Appearances

[9/29/2025] The Shilling Show

[9/2/2025] Wake Up Patriots

[8/29/2025] Decoding Soros

[5/1/2025] National Talk Radio with Shawn Moore

[3/11/2025] Shaun Thompson Interview

[3/10/2025] Larry Conners Interviews Rachel Ehrenfeld

[2/3/2025] The Truth About George Soros - Grey Matter Podcast

[1/22/2025] Fighting Terrorism Funding - SAM Podcast

[1/8/2025] COUNTER NARRATIVE Interview on PATRIOT.TV

[10/2/2024] The Shaun Thompson Show: Dr. Rachel Ehrenfeld

[9/30/2024] Counter Narrative: Soros Power Grab: Media Takeover & Election Manipulation |

See All Appearances

The Soros Agenda

g. soros

Soros: The Man Who Would Be Kingmaker, Part I

Rachel Ehrenfeld & Shawn Macomber

Soros: The Man Who Would Be Kingmaker, Part II

Soros: The Man Who Would be Kingmaker, Part III

Soros: The Man Who Would be Kingmaker, Part IV

More about Soros...
ORDER THE SOROS AGENDA →
Buy The Soros Agenda

Tags

antisemitism Caliphate Canada capital punishment China Christians Daniel Haqiqatjou Dawah Disinformation genocide Hamas Iran ISIS Islam Islamic Party of Ontario Islamic Relief Canada Islamic Relief Worldwide Islamization Islamophobia Israel J. Millard Burr Jews jihad Justin Trudeau LGBT liberalism Muslim Brotherhood Muslims NCCM Norman Bailey Palestine Political Islam Quran Russia Salaheddin Islamic Centre Saudi Arabia Sharia Sol W. Sanders SOROS Syria Terrorism Toronto US USA women's rights

Footer

About ACD

ACD is a New York-based 501(c)(3) not-for-profit organization, which monitors and exposes the enemies of freedom and their modus operandi, and explores pragmatic ways to counteract their methods.

Endorsements

"The ACD/EWI ability to predict future threats is second to none"

- R. James Woolsey, former Director of Central Intelligence

- - - More Endorsements - - -

Follow ACD!

  • facebook
  • twitter
  • youtube
  • linkedin

Copyright © 2025 | The American Center for Democracy is a 501(c)(3) non-profit organization. Your contribution is tax-deductible to the fullest extent of the law.