.bmp)
.bmp)
Nothing gets a journalist’s attention like a subpoena. While authoritarian regimes silence critics by murdering or jailing them, journalists (and other critics) in the United States face gentler, but still effective, intimidation: libel lawsuits. Over the last few years, Islamists have tried silencing reporters, scholars, and citizens by suing them for defamation, often successfully. But recent legal cases in California, Massachusetts, and Minnesota suggest that the tactic may finally be backfiring, at least in the United States, if not in Britain, where libel laws overwhelmingly favor plaintiffs. The American lawsuits’ outcomes—poorly covered by the media—represent victories for the free expression and public participation that the First Amendment guarantees.The latest victory came in August, when an Islamic charity, KinderUSA, and its board chairman, Laila Al-Marayati, dropped the libel suit they had filed in April in California state court against former Treasury Department official Matthew Levitt, the Washington Institute for Near East Policy (which now employs him), and Yale University Press. In 2006, Yale published Levitt’s book on Hamas, which Washington says supports terrorism. Levitt never mentioned Al-Marayati in his book, but he did assert that KinderUSA, founded to raise money for Palestinian children, had ties to terrorist groups.Al-Marayati and KinderUSA charged that Levitt had made “false and damaging” charges that caused “irreparable harm to its reputation,” and they sought at least $500,000 in damages, a public retraction, and a halt to the book’s distribution. But Levitt and his codefendants stood by his claims. In June, they filed a motion against the charity and its chairman, seeking to quash the libel suit and demanding that the plaintiffs pay all legal fees. They cited a California law that bans “SLAPP”—or “strategic litigation against public participation”—suits, which aim not at winning in court, but at intimidating into silence a group or a publication raising issues of public concern. “California enacted anti-SLAPP legislation to get rid of inappropriate lawsuits like this one,” they wrote in a 15-page brief.Less than six weeks later, Al-Marayati and KinderUSA dropped the suit. Todd Gallinger, who represented the plaintiffs, insisted that the charity had sued not to intimidate or silence Levitt, but rather to force him to correct charges that it still considers libelous. “They were trying to suppress the charity’s legitimate activities,” he said. But KinderUSA underestimated the costs involved, he acknowledged, and the defendants’ anti-SLAPP motion was a factor in its decision to drop the suit.“Anti-SLAPP laws are a very powerful tool,” agreed Roger Myers, an attorney who specializes in using the law to defend journalists in libel claims. “There has been a fairly dramatic decline in the number of libel cases being filed here in California.”Levitt’s case isn’t unique. Last May, the Islamic Society of Boston dropped its suit against the Boston Herald, a local Fox news channel, journalist Steven Emerson, and 14 others. The Society had accused the defendants of libel and of infringing its civil rights by claiming that it had funded terrorist organizations, received money from Saudi Arabia, and bought land for a mosque below market value from the City of Boston.Though Massachusetts’s anti-SLAPP law does not cover media firms, ten of the non-media defendants filed a motion to quash the Society’s suit. When a state judge rejected the motion, a legal discovery process got under way while the defendants appealed. Bank records and other documents revealed that, contrary to its claims, the Society had raised over $7 million from Saudi and other Middle Eastern sources and had funded two groups that the Bush administration has designated terrorist entities: the Holy Land Foundation for Relief and Development and the Benevolence International Foundation. Records also showed that Society directors had deleted all e-mails about the Society’s land purchase. Finally, discovery revealed that the deputy director of the Boston city agency in charge of negotiating the land deal not only was a Society member whom it had paid to raise money in the Middle East, but also secretly advised the group about obtaining the land cheaply—a clear conflict of interest.To read more go to:
As in the days of Noah....
