Like resistant new strains of virus or bacteria, new threats to free expression in the U.S. appear from time to time. One such new threat is foreign libel litigation. In recent years, American writers and publishers have increasingly found themselves named as defendants in libel suits in countries lacking our First Amendment protections.
Libel plaintiffs often sue in those countries (particularly England), where the scales of law tilt in their favor. Such forum-shopping occurs even when the defendants have little or no significant contacts with the forum. This insidious and pernicious new phenomenon, which inhibits free speech in America, has been memorably dubbed “libel tourism.”
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