HUMAN EVENTS: Under assault by Muslims and multiculturalists, free speech and freedom of the press are dead in Britain. The same sorts of people who killed them in Britain are killing them in Canada. They and their allies are using the British and Canadian courts and tribunals to bury our First Amendment rights in America.
Muslims -- individually and in pressure groups -- are using British libel laws and Canadian “human rights” laws to limit what is said about Islam, terrorists and the people in Saudi Arabia and elsewhere who are funding groups such as al-Queda. The cases of Rachel Ehrenfeld and Mark Steyn prove the point.
Dr. Ehrenfeld is a scholar and author of the book, ”Funding Evil: How Terrorism is Financed, and How to Stop it.”
In that book, Khalid Salim bin Mahfouz -- a Saudi who is former head of the Saudi National Commercial Bank -- and some of his family are described as having funded terrorism directly and indirectly. Ehrenfeld is American, her book was written and published in America and she has no business or other ties to Britain. Under American law, the Brit courts would have no jurisdiction over her. But about two-dozen copies of her book were sold there through the internet. Bin Mahfouz sued her for libel in the Brit courts where the burden of proof is the opposite of what it is in US courts: the author has to prove that what is written is true, rather than the supposedly defamed person proving it is false.
Think about that for a moment. Under the US Constitution political writing -- free speech -- is almost unlimited. To gain a libel judgment a politician -- or someone suspected of terrorist ties -- would have to prove that the story or book was false. If that person were a public figure such as Mahfouz, in order to get a libel judgment he’d not only have to prove that what was written was false, he’d also have to prove it was published maliciously.
Those American laws and standards of proof protect political speech. The First Amendment is intended to protect political speech that people find objectionable. In the landmark 1969 case of Brandenburg v. Ohio, the Supreme Court overturned an Ohio statute which would have outlawed hate speech by the Ku Klux Klan. That’s why Mahfouz sued in Britain, not here.
Ehrenfeld refused to fight the case, saying the Brit courts have no jurisdiction over her. Mahfouz got a default judgment against her for ₤10,000 (for himself, and in equal amounts for his sons). The judgment also requires that there be no further “defamatory” statements published in England and Wales. Islam vs. Free Speech >>> By Jed Babbin
Mr. Babbin is the editor of Human Events. He served as a deputy undersecretary of defense in President George H.W. Bush's administration.
Hat tip: Mosque Watch
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