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Attack of the Libel Tourists
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Excerpt:
THE PROBLEM has lightheartedly come to be known as libel tourism, but the damage inflicted on the First Amendment and academic freedom is serious.
Disgruntled subjects of articles or books produced and distributed almost exclusively in the United States file suit in foreign jurisdictions to get around the strong First Amendment protections afforded here to journalistic and academic works. In the United States, for example, a public figure or public official must prove that allegedly libelous material is false and that the author acted with actual malice in publishing the material. Britain, on the other hand, has become a favorite venue for unhappy subjects because the author must prove that the material is true. Plaintiffs win cases that would be thrown out by U.S. courts.
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