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So we should, but there is no sign that the fear of intimidation will lift in the foreseeable future. The best evidence I can think of to convince doubters of the dangers of what the judiciary are attempting is the astonished reaction of foreign observers to English censorship. They do not shrug their shoulders and say that the press is the author of its own misfortunes. They protest and say they cannot believe that a country they once regarded as a defender of liberty can tolerate censorship.

The case that turned the English libel law from a local scandal into a global cause célèbre was brought by Sheikh Khalid bin Mahfouz, a Saudi banker, against the New York author Rachel Ehrenfeld. Her book on terrorism, Funding Evil, had not even been published or publicised in Britain. A few copies had arrived here via Amazon, however, and that was enough for Mr Justice Eady to order her to pulp her work and pay hefty costs and damages.

I am only able to tell you what the case was about without getting Standpoint sued because, to the regret of all the London lawyers he enriched, bin Mahfouz died after a heart attack in August, and the dead can't sue — not even in England. He was an appalling man, whom the New York Authorities fined $225 million for his part in the collapse of the fantastically corrupt Bank of Credit and Commerce International in the early 1990s. An inquiry in Dublin found that he had then bought Irish citizenship for himself and 10 members of his family over lunch with Charles Haughey, the greatest crook in recent Irish politics. By his own admission, his charity funded al-Qaeda but only, he insisted, when it was fighting the Soviets in Afghanistan. Anyone who challenged that assertion or looked at whether money had passed through his Saudi bank to extremists was met with a writ and the prospect of a horrendously expensive libel case. I am not allowed to describe the contents of the book in my own words, so I will leave the task to the Labour MP Denis MacShane, who said under the protection of Parliamentary privilege: 

"Funding Evil examined the flow of money towards extremist organisations that preach the ideology of hate associated with Wahabism and other democracy-denying aspects of fundamentalist Islamic ideology. It is not exactly a secret that a great deal of the money that has financed fundamentalist extremist organisations that support jihad has come from Saudi Arabia. Ms Ehrenfeld's book, which was published in America, not Britain, named a Saudi billionaire called Mr Khalid bin Mahfouz. Although the book was published in the United States, and was not on sale in any British bookshop, he found lawyers to sue in Britain. A British judge imposed a fine and costs on Ms Ehrenfeld, and said that her book should be destroyed, even though she was not in the court. No American court would have entertained such overt censorship.

"The fullest examination is vital of those raising money, sometimes ostensibly for charitable work, but which ends up promoting fundamentalist ideology that scrambles young men's and boys' minds and leads them to become terrorists. There is no freedom of expression in Saudi Arabia, so it is the duty of others to expose what is happening. With the help of British libel lawyers, Mr Mahfouz has launched 33 suits against those who are investigating this important area of public concern. Cambridge University Press was obliged to pulp its book, Alms for Jihad, written by Robert Collins and J. Millard Burr, rather than face a libel action. What is happening when Cambridge University Press, not some odd little obsessive publishing house, but one of the flowers of British publishing for centuries, has to pulp a book because British courts will not uphold freedom of expression?"

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Stephen Fox
October 16th, 2009
9:10 PM
TDK I don't see that Cohen is blaming lawyers, so much as the libel law here. Whilst some lawyers specialise in representing people who don't deserve defending (in my opinion), and make a lot of money doing it, the problem being identified is that the system is letting them suppress free speech that is true. It's a different thing. Steve, sounds like you're carrying a little excess malice yourself... maybe What's Left hit some tender spots with you?

Steve
October 1st, 2009
9:10 AM
well, for a start, look at who Cohen Claims 'Reading Lolita in Tehran' is dedicated to. and then seek out the book itself. then try looking up some of the other claims he makes, even using google, and you can see how inutterably shoddy a piece of work his book is.

Henry
September 29th, 2009
4:09 PM
Yeah, Steve - isn't it about time you do as sackcloth and ashes asks.

sackcloth and ashes
September 28th, 2009
8:09 AM
'the myriad factual errors in his book 'what's left'' Would you care to list these 'myriad factual errors'?

steve
September 26th, 2009
1:09 PM
Funny that Nick Cohen should complain about difficulties reporting the truth. notwithstanding the myriad factual errors in his book 'what's left', on his standpoint blog last month he hosted a serious accusation about Nick Davies and completely failed to back it up with evidence. The post no longer exists. With 'journos committed to the truth' like that... Sadly, Cohen's own work is too often motivated by the malice which, even under the not-entirely-desirable American system, would still end up with him in court.

TDK
September 25th, 2009
12:09 PM
Whilst I'm in agreement about the problem I'm uncomfortable about the blame being laid on lawyers. I don't expect lawyers to be either moral or immoral - they should be amoral. In Rumpole's phrase, they should be taxi's for hire with no regard to the unsavouryness or otherwise of their clients. They are there to help people with the law - all people. The law is the thing that is wrong and whilst you get there in the end you take a needless diversion into the make up of the judiciary. Perhaps you think barrow boys made better bankers in the 1980s?

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