If convicted, Sharkey would be ordered to pay $500,000 to the Brazilian widow and publish apologies to the Brazilian nation in major international newspapers and media outlets - a major financial undertaking.
Had Sharkey resided in New York state, he would have nothing to fear. In May 2008, New York was the first state to pass the Libel Terrorism Protection Act, shielding New Yorkers from foreign libel judgments. Illinois and Florida passed similar laws and in California, the governor is expected to sign a free speech protection bill into law by the end of this month.
Alas, Sharkey lives in New Jersey. Although the New Jersey Senate unanimously passed a similar bill (S.1643) sponsored by Sen. Loretta Weinberg, it remains enmeshed in a lengthy approval process by the legislature.
But Joe Sharkey and his family can be saved from the financial ruin they are likely to face from the Brazilian libel suit, if the U.S. Senate promptly passes the Free Speech Protection Act 2009 (S.449 ).
The bi-partisan Free Speech Protection Act 2009 is sponsored by Senators Arlen Specter (D-PA), Joseph Lieberman (I-CT), Charles Schumer (D-NY), and Ron Wyden (D-OR). The bill is widely supported by major writers' and publishers' organizations in the U.S. A less protective bill proposed by Rep. Steve Cohen (D-TN) already passed the House.
The Free Speech Protection Act will defend Americans' First Amendment rights from foreign libel judgments that do not provide protection similar to the U.S. Constitution, and will allow the deterrent of countersuits for damages. The law will ensure that U.S.-based journalists, researchers and publishers no longer need to fear the pernicious threat of foreign libel judgments, and will be able to freely investigate and report on matters of national and international significance. Congress should pass the Free Speech Protection Act without delay.