NYT Editorial on Libel Tourism

This Sunday’s New York Times ran an editorial, ‘Libel Tourism’: When Freedom of Speech Takes a Holiday. When plaintiffs file defamation suits in U.S. courts, they always have the First Amendment looking over their shoulders. Defamation suits in the U.K. have no such encumbrances. Accordingly, a few sleazy defamation plaintiffs learned that they may as well file in the U.K. As a result, New York passed a state law that prohibits libel tourism judgments from being enforced in that state. See New York steps up to the plate – passes “Libel Terrorism Protection Act” Congress is working on a similar measure.

The editorial notes:

“Libel tourism” is a threat to America’s robust free-speech traditions, which protect authors here. If foreign libel judgments can be enforced in American courts, there will be a “race to the bottom”; writers will only have as much protection as the least pro-free-speech nations allow. (source)

While I couldn’t agree more with the author, I’m surprised that nobody has raised a similar alarm with respect to interstate libel tourism. Some U.S. states’ constitutions provide greater protection for expression than the First Amendment demands. Other states refuse to extend free speech rights any further than the Bill of Rights compels them to.

Citizens of speech protective states are often dragged into court in states that feel no compulsion to go beyond the bare minimum. While international libel tourism is a blight, interstate libel tourism threatens the very notion of federalism and creates a similar “race to the bottom.”

4 Responses to NYT Editorial on Libel Tourism

  1. Brent E. Dyer says:

    I see your point on interstate libel tourism, but I think that there might be a problem based on the full faith and credit clause of the constitution. Although it hasn’t seemed to affect the frenzy to enact state laws and constitutional amendments to try to avoid recognizing out-of-state same sex marriages.

  2. Windypundit says:

    If only they’d go after the interstate obscenity prosecution shopping…

  3. Brent,

    I think that it is okay to allow a libel judgment, won in Florida, to be enforced in Massachusetts. However, what I was criticizing was the use of long-arm jurisdiction to drag out of state defendants to free-speech-hostile states.

    Not surprisingly, New York leads the way — its long-arm statute specifically exempts out of state defamation from creating long-arm jurisdiction.

  4. […] trial where First Amendment rights were taken into account. (source). Previous posts on this issue here, here, and […]