Shutting Down Freedom of Speech

Duncan Currie writes in The Libel Tourist Strikes Again: How to Kill a Book You Don't Like:

In late July, Cambridge University Press announced it was destroying all its remaining copies of Alms for Jihad, a 2006 book exploring the nexus of Islamic charities and Islamic radicalism. At the same time, Cambridge asked libraries around the world to stop carrying the book on their shelves. The reason? Fear of being sued in a British court by Sheikh Khalid bin Mahfouz, a Saudi billionaire who ranks as one of the world's richest men--and whose suspected links to terrorist financing earned him a mention in Alms for Jihad.

Cambridge issued a formal apology to bin Mahfouz, and posted a separate public apology on its website...

Neither [authors] Burr nor Collins joined the apology. Both American writers and U.S. citizens, they stand by their scholarship. "We refused to be a party to the settlement," says Collins, a professor emeritus of history at the University of California-Santa Barbara. "I'm not going to recant on something just from the threat of a billionaire Saudi sheikh." What's more, he adds, "I think I'm a damn good historian."...

According to Ehrenfeld, there are "at least 36 cases" since March 2002 where bin Mahfouz has either sued or threatened to sue (mostly the latter) in England over the documentation of his alleged terror connections. He is the most prominent Saudi "libel tourist," the moniker given to those who exploit British law to silence critics. "It's had a tremendous chilling effect," Ehrenfeld argues, on those seeking to investigate bin Mahfouz and other Saudi bigwigs...

Therein lies the deeper significance of this case. Bin Mahfouz has a habit of using the English tort regime to squelch any unwanted discussion of his record. In America, the burden of proof in a libel suit lies with the plaintiff. In Britain, it lies with the defendant, which can make it terribly difficult and expensive to ward off a defamation charge, even if the balance of evidence supports the defendant...

Many "charities," it seems, have fueled Islamic radicalization across the globe and given tangible assistance to terrorists. As Collins points out, the book is extensively referenced with hundreds of footnotes.

More than two years ago, the London Times warned that "U.S. publishers might have to stop contentious books being sold on the Internet in case they reach the 'claimant-friendly' English courts." So why hasn't this become a cause célèbre for American publishing firms and journalists?

"There's been very little mainstream media coverage" of the Alms for Jihad story, observes Jeffrey Stern, president of the Los Angeles-based Bonus Books (which published Funding Evil). This lack of outrage is "absolutely appalling," Ehrenfeld says. "They are burning books now in England, and we are sitting here doing nothing." As for her own legal struggle, she says, "It's been a very lonely fight. It still is."

A tremendous chilling effect, indeed. And where is the outrage?