June 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 15101 the Baltic to Trieste in the Adriatic, RESIGNATION AS MEMBER OF GENERAL LEAVE an iron curtain has descended across COMMITTEE ON OVERSIGHT AND Mr. SCOTT of Virginia. Mr. Speaker, the continent.’’ GOVERNMENT REFORM I ask unanimous consent that all Mem- Russian historians date the begin- The SPEAKER pro tempore laid be- bers have 5 legislative days to revise ning of the Cold War from this speech. fore the House the following resigna- and extend their remarks and include And in its drawing together of several tion as a member of the Committee on extraneous material on the resolution themes to a climax, Churchill’s speech Oversight and Government Reform: under consideration. The SPEAKER pro tempore. Is there may be regarded as one of the finest in HOUSE OF REPRESENTATIVES, the 20th century. It certainly changed Washington, DC, June 15, 2009. objection to the request of the gen- the way the democratic West viewed Speaker NANCY PELOSI, tleman from Virginia? the communist East. House of Representatives, The Capitol, Wash- There was no objection. ington, DC. Mr. SCOTT of Virginia. Mr. Speaker, The astounding achievements of Win- DEAR SPEAKER PELOSI: This letter serves I yield myself such time as I may con- ston Churchill’s life are a testament to as my intention to resign from the House sume. his dedication to protecting liberty for Committee on Oversight and Government Mr. Speaker, House Resolution 530 all people. Churchill did not merely Reform effective today. Thank you. commends the purpose of the third an- hate tyranny; he despised it, and he re- Sincerely, nual Civil Rights Baseball Game and viled communism. TODD RUSSELL PLATTS, Member of Congress. recognizes the historic significance of The SPEAKER pro tempore. Without the location of the Civil Rights Base- b 1630 objection, the resignation is accepted. ball Game in , Ohio. The contempt he breathed for dic- There was no objection. I want to commend my colleague the tators renewed his Iron Curtain speech f gentleman from Cincinnati (Mr. in Fulton, Missouri, and strengthened DRIEHAUS) for introducing this legisla- RECOGNIZING CIVIL RIGHTS tion. The Civil Rights Baseball Game is the West’s faith in the superiority of BASEBALL GAME democracy and the inevitability of its an important event, and it deserves to Mr. SCOTT of Virginia. Mr. Speaker, success. be recognized by the House of Rep- I move to suspend the rules and agree resentatives. The Winston Churchill Memorial and to the resolution (H. Res. 530) com- The third annual Civil Rights Base- Library was founded in 1969. The mu- mending the purpose of the third an- ball Game will be played in Cincinnati, seum is a 16th-century church designed nual Civil Rights Baseball Game and Ohio, at the Great American Ballpark by Christopher Wren that was pains- recognizing the historical significance on June 20, 2009, between the Cin- takingly relocated, brick by brick, of the location of the game in Cin- cinnati Reds and the White from London, England, to Fulton, Mis- cinnati, Ohio. Sox. Many celebrities will be in attend- souri, and is the only museum in the The Clerk read the title of the resolu- ance, including , Muham- Nation that exists for the sole purpose tion. mad Ali, , and Bebe Winans. of honoring the life and extraordinary The text of the resolution is as fol- This game was legacy of Winston Churchill. I might lows: created to honor those who fought both mention that it underwent a multi- ES H. R . 530 on and off the field for equal treatment million dollar renovation just a couple Whereas the third annual Civil Rights of all people. years ago. Baseball Game is being held in Cincinnati, The first Civil Rights Baseball Game Ohio, at the Great American Ballpark on The bill we consider today recognizes was played in Memphis, Tennessee, in this museum as the world-class facility June 20, 2009; Whereas the , the host of 2007, between the St. Louis Cardinals that it is and the historical signifi- the Civil Rights Baseball Game, are recog- and the . It was orga- cance of the site. nized as being the first professional baseball nized as a preseason game, intended to I urge all my colleagues to join me in team in the ; commend the civil rights movement in passing this important legislation. Whereas the Major League Baseball Civil the United States as part of a larger Rights Game was created to honor those who Mrs. MCMORRIS RODGERS. Mr. celebration of the civil rights move- fought both on and off the field for the equal ment. Memphis was selected for its im- Speaker, I have no further requests for treatment of all people; time, and I yield back the balance of Whereas baseball was at the forefront of portant role in the history of the civil my time. the civil rights movement and was inte- rights movement. Mr. SABLAN. Mr. Speaker, as I was grated before either the Armed Forces or the This year’s host city, Cincinnati, listening to the gentleman from Mis- public schools; Ohio, has a long and rich history in souri make a statement, I couldn’t help Whereas Cincinnati, Ohio, was home to the both the game of baseball and in the but notice that the Winston Churchill Negro League’s Cincinnati Tigers from 1934 field of civil rights. Cincinnati was an to 1937; important stop on the Underground Memorial and Library is actually a Whereas Cincinnati, Ohio, was an integral source of pride for him and for his con- Railroad and is the home of the Na- stop along the Underground Railroad as one tional Underground Railroad Freedom stituents in Missouri, and I encourage of the first free ‘‘stations’’ slaves would en- my colleagues on both sides of the aisle counter when escaping north; and Center located adjacent to the ball- to please support the passage of House Whereas Cincinnati, Ohio, is home to the park. Cincinnati was also home to the Resolution 390. National Underground Railroad Freedom Negro League’s Cincinnati Tigers from Center, which opened in 2004: Now, therefore, 1934 to 1937, and it was in Cincinnati Mr. Speaker, I yield back the balance be it that the first night baseball game was of my time. Resolved, That the House of Representa- played in 1935. The SPEAKER pro tempore. The tives— Mr. Speaker, baseball has long been (1) commend the purpose of the third an- question is on the motion offered by considered the great American pas- the gentleman from the Northern Mar- nual Civil Rights Baseball Game; and (2) recognize the historical significance of time. It is part of our culture. It re- iana Islands (Mr. SABLAN) that the the location of the Civil Rights Baseball flects the values of teamwork, com- House suspend the rules and agree to Game in Cincinnati, Ohio. petition, fair play, and the pursuit of the resolution, H. Res. 390, as amended. The SPEAKER pro tempore. Pursu- excellence. Baseball was once seg- The question was taken; and (two- ant to the rule, the gentleman from regated, as was most of the rest of the thirds being in the affirmative) the Virginia (Mr. SCOTT) and the gen- country, until Branch Rickey signed rules were suspended and the resolu- tleman from Texas (Mr. GOHMERT) each to play for the Brook- tion, as amended, was agreed to. will control 20 minutes. lyn Dodgers in 1947. The rest of the Na- A motion to reconsider was laid on The Chair recognizes the gentleman tion would follow in time, but it was on the table. from Virginia. the diamond that we made the most

VerDate Mar 15 2010 13:28 Oct 13, 2011 Jkt 069102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR09\H15JN9.000 H15JN9 erowe on DSK2VPTVN1PROD with BOUND RECORD 15102 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 11 June 15, 2009 important steps towards ending Jim erature, and athletics. His wife, by the b 1645 Crow. As Mr. Rickey said, ‘‘Prejudice way, attended Texas College in Tyler, I applaud Major League Baseball. I has no place in sports, and baseball Texas, where she is on the board of di- applaud the Cincinnati Reds for choos- must recognize that truth if it is to rectors. And it has been one of the ing Cincinnati as the host of this maintain stature as a national game.’’ highlights of my life to get to meet Mr. event. Mr. Speaker, I am pleased to join my Aaron on more than one occasion. I would draw your attention to one colleague from Ohio in honoring the It’s heartbreaking, heart-rending, to other aspect of the game, Mr. Speaker, Civil Rights Baseball Game. I urge my hear some of the hell on Earth he was and that is to the Underground Rail- colleagues to support this important put through simply because of race. road Freedom Center. The Under- resolution. Yet he never wavered. He continued to ground Railroad Freedom Center is a Mr. Speaker, I reserve the balance of give everything he had to those tasks stone’s throw—a baseball’s throw, if my time. put before him. People remember the you will, from Great American Ball- Mr. GOHMERT. Mr. Speaker, I yield home-run record, but many do not real- park. The Underground Railroad Free- myself such time as I may consume. ize he had over a .300 batting average, dom Center, founded in 2002 in Cin- I do support House Resolution 530, .305, I believe, lifetime. Incredible. I cinnati, is all about discussing free- commending the purpose of the third once asked him for somebody who was dom. It’s all about being the champion annual Civil Rights Baseball Game. a home-run hitter to hit over .300— of civil rights. And while it was estab- The third annual Civil Rights Game most pro-players only dream of hitting lished to draw attention to the role the will be played, as indicated by my .300. He hit home runs and hit over .300. city of Cincinnati played and that the friend from Virginia, by the Reds and How did you do that? Was there some people of Cincinnati played in the un- the White Sox on June 20 at the Great secret ability you had? derground railroad, today it serves as American Ballpark in Cincinnati. It And in his typical humble style, Mr. the vehicle, it serves as the convener of serves as a celebration of the role of Aaron said, I was a good guess hitter. conversations around injustices today sports and the role that they played in Typical Hank Aaron, humility com- and freedoms which are challenged advancing equal rights in America. pletely for such an extraordinarily gift- today, making it relevant to you and I As part of that celebration, three ed man who used his talents, developed and all Americans as we discuss civil great Americans will be honored at the them, and we all know he didn’t get rights. So I’m proud to have the Under- game: , Bill Cosby, and where he was without working, perse- ground Railroad Freedom Center being Hank Aaron. They will receive awards vering. And the heartbreaking part, part of this celebration. I think it is as individuals ‘‘whose lives are em- the assaults verbally and in other very much appropriate that the Free- blematic of the spirit of the civil rights ways, the threats that the man endured dom Center is participating in the movement.’’ simply because of the color of his skin, luncheon, celebrating our heroes. And I Mr. Ali was a 10-time heavyweight I look forward to him being honored at am proud to be a Cincinnatian and to champion boxer. Since he left the that game, as he rightfully should be. welcome this game to the city of Cin- sport, he has engaged in many humani- cinnati. I join with the Cincinnati Reds tarian efforts and traveled the world on The Civil Rights Game also includes a roundtable discussion and youth in thanking Major League Baseball. goodwill missions. Mr. Cosby has spent Mr. GOHMERT. Mr. Speaker, I con- the last five decades as a comedian, en- summit that highlights the role that baseball has played in the civil rights tinue to reserve my time. tertainer, and, I would add, philoso- Mr. SCOTT of Virginia. Mr. Speaker, pher. His life has been a testament to movement. The game has had only a short history itself as a Civil Rights I yield such time as he may consume to proper handling of race issues. This ex- the gentleman from Tennessee (Mr. traordinary man just went about being Game, but I would expect it would de- velop into a fine tradition. COHEN), who represents Memphis, the the extraordinary person that he is. He location of the first Civil Rights Base- With that, I would urge my col- has entertained, he has inspired, and he ball Game. leagues to join in supporting this reso- has taught me, for one, for most of my Mr. COHEN. I would like to thank lution. life. Mr. SCOTT for the time. He is the first comedian from whom I Mr. Speaker, I reserve the balance of I would like to congratulate Cin- bought an album. As I recall, it was my time. cinnati on their good fortune to be the ‘‘To Russell, My Brother, Whom I Slept Mr. SCOTT of Virginia. Mr. Speaker, host of this game. Memphis was the With.’’ And I’ve loved the man ever I yield such time as he may consume to host for the first two games. The final since. I got to see him recently in con- the gentleman from Ohio (Mr. exhibition game of , the cert in Tyler and was as excited as DRIEHAUS), who represents Cincinnati only game that was televised on ESPN, ever. What a delightful man. The way and is the chief sponsor of the resolu- and a great event in our city, where he causes us to realize we all have so tion. the National Civil Rights Museum ex- many of the same strange, enigmatic Mr. DRIEHAUS. Mr. Speaker, it is ists and the site of civil rights strug- traits, fears, aspirations, hopes. His certainly my privilege to rise today gles and civil rights victories. We real- television show was certainly inspira- and bring to the floor this resolution ly enjoyed the opportunity to have tional. He makes us laugh at our faults honoring the third annual Civil Rights players honored there, , and makes us want to improve them. Game. It is the third annual Civil Minnie Minoso, my hero, and others As a great American, I look forward to Rights Game, but it is the first time over the years, who have brought great his being recognized there at the Civil that this game has been played during pride to the city of Memphis where we Rights Game as well. the regular season. And we are honored have the finest Mr. Hank Aaron, as a Hall of Famer in Cincinnati to have that game at park ever constructed, AutoZone Park. who was once the all-time home run Great American Ballpark. I know Con- We felt that the game should perma- leader with 755 home runs—and par- gresswoman JEAN SCHMIDT and I will be nently stay in Memphis, but it has enthetically I might add he’ll always looking forward to that event. moved on. be my home run leader—but he was a And as was mentioned earlier by sev- I want to congratulate Cincinnati, player before he eral of my colleagues, it’s not just a and I congratulate Major League Base- played for the Braves in both Mil- baseball game. It’s also recognizing ball for having such a game. Jackie waukee and . Mr. Aaron formed great leaders, great leaders who have Robinson has been immortalized as a the Chasing the Dream Foundation broken down barriers. That includes at civil rights hero whose number 42 was with his wife in 1994 and has given fi- the luncheon that we will be holding retired by Major League Baseball in an nancial support to hundreds of youths Muhammad Ali, Hank Aaron, and Bill appropriate manner. There were many that enables them to pursue their tal- Cosby, three giants who have broken great players in the Negro baseball ents in music, dance, arts, science, lit- down so many barriers amongst them. leagues who we honored last year with

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So fending on the merits any claims brought be- Be it enacted by the Senate and House of Rep- fore the foreign court, or for any other pur- it’s appropriate that civil rights, which resentatives of the United States of America in pose, shall not deprive such party of the baseball and sports have contributed to Congress assembled, right to oppose the recognition or enforce- so much, be remembered by Major SECTION 1. RECOGNITION OF FOREIGN DEFAMA- ment of the judgment under this section. TION JUDGMENTS. League Baseball. I congratulate Major ‘‘§ 4103. Attorneys’ fees (a) IN GENERAL.—Part VI of title 28, United League Baseball and the city of Cin- ‘‘In any action brought in a domestic court cinnati. States Code, is amended by adding at the end the following: to enforce a foreign judgment for defama- I just want to say to my colleague tion, the court may allow the party opposing from Texas—Noah. ‘‘CHAPTER 181—FOREIGN JUDGMENTS recognition or enforcement of the judgment Mr. GOHMERT. Mr. Speaker, I yield ‘‘Sec. a reasonable attorney’s fee if such party pre- myself such time as I may consume. ‘‘4101. Definitions. vails in the action on a ground specified in In conclusion, I would encourage my ‘‘4102. Recognition of foreign defamation subsection (a), (b), or (c).’’. judgments. colleagues to support House Resolution (b) CLERICAL AMENDMENT.—The table of ‘‘4103. Attorneys’ fees. chapters for part VI of title 28, United States 530. My friend from Tennessee men- ‘‘§ 4101. Definitions Code, is amended by adding at the end the tioned Satchel Paige. He had some following: great quotes. Many people quote him ‘‘In this chapter: ‘‘(1) DOMESTIC COURT.—The term ‘domestic ‘‘181. Foreign judgments ...... 4101.’’. as saying, ‘‘Don’t look back. They may court’ means a Federal court or a court of The SPEAKER pro tempore. Pursu- be gaining on you.’’ But I read a quote any State. ant to the rule, the gentleman from that I like even better than that, at- ‘‘(2) FOREIGN COURT.—The term ‘foreign Tennessee (Mr. COHEN) and the gen- tributed to him later in life, when he court’ means a court, administrative body, tleman from Texas (Mr. GOHMERT) each or other tribunal of a foreign country. said, ‘‘It’s okay to look back. Just will control 20 minutes. don’t stare.’’ And it seems to me that ‘‘(3) FOREIGN JUDGMENT.—The term ‘foreign judgment’ means a final judgment rendered The Chair recognizes the gentleman that’s what this bill does. We look for- from Tennessee. ward, but we look back. We don’t stare, by a foreign court. ‘‘(4) STATE.—The term ‘State’ means each GENERAL LEAVE but we recognize the greatness that has of the several States, the District of Colum- Mr. COHEN. First I ask unanimous gotten us to where we are today. bia, and any commonwealth, territory, or consent that all Members have 5 legis- With that, I yield back the balance of possession of the United States. lative days to revise and extend their my time. ‘‘§ 4102. Recognition of foreign defamation remarks and include extraneous mate- Mr. SCOTT of Virginia. Mr. Speaker, judgments rial on the bill under consideration. I yield myself as much time as I may ‘‘(a) FIRST AMENDMENT CONSIDERATIONS.— The SPEAKER pro tempore. Is there consume. Notwithstanding any other provision of Fed- objection to the request of the gen- I thank the gentleman from Ohio for eral or State law, a domestic court shall not tleman from Tennessee? introducing the resolution. I urge my recognize or enforce a foreign judgment for There was no objection. colleagues to support it. defamation whenever the party opposing rec- Mr. COHEN. I yield myself as much I yield back the balance of my time. ognition or enforcement of the judgment time as I may consume. The SPEAKER pro tempore. The claims that the judgment is inconsistent Mr. Speaker, H.R. 2765 prohibits U.S. question is on the motion offered by with the first amendment to the Constitu- courts from recognizing or enforcing the gentleman from Virginia (Mr. tion of the United States, unless the domes- tic court determines that the judgment is foreign defamation judgments that are SCOTT) that the House suspend the consistent with the first amendment. The inconsistent with our First Amend- rules and agree to the resolution, H. burden of establishing that the foreign judg- ment or fundamental due process. This Res. 530. ment is consistent with the first amendment The question was taken; and (two- legislation addresses what has come to shall lie with the party seeking recognition be referred to as libel tourism, doing an thirds being in the affirmative) the or enforcement of the judgment. end run around the First Amendment rules were suspended and the resolu- ‘‘(b) JURISDICTIONAL CONSIDERATIONS.—Not- tion was agreed to. withstanding any other provision of Federal by suing American authors and pub- A motion to reconsider was laid on or State law, a domestic court shall not rec- lishers for defamation in the courts of the table. ognize or enforce a foreign judgment for def- foreign countries with more plaintiff- amation if the party opposing recognition or friendly defamation laws, particularly f enforcement establishes that the exercise of Britain. Britain has become a favorite GENERAL LEAVE personal jurisdiction over such party by the destination for libel tourists for a num- foreign court that rendered the judgment ber of reasons. First, British law lacks Mr. SCOTT of Virginia. Mr. Speaker, failed to comport with the due process re- I ask unanimous consent that all Mem- quirements imposed on domestic courts by our constitutional free speech protec- bers may have 5 legislative days in the Constitution of the United States. tions and instead, specifically disfavors which to revise and extend their re- ‘‘(c) JUDGMENT AGAINST PROVIDER OF speech critical of public officials and marks and include extraneous material INTERACTIVE COMPUTER SERVICE.—Notwith- public figures. on H. Res. 309, as amended. standing any other provision of Federal or Second, British libel law places the The SPEAKER pro tempore. Is there State law, a domestic court shall not recog- burden of proving the truth of the al- objection to the request of the gen- nize or enforce a foreign judgment for defa- legedly defamatory statement on the tleman from Virginia? mation against the provider of an interactive defendant. This distinction has drawn computer service, as defined in section 230 of criticism not only from American de- There was no objection. the Communications Act of 1934 (47 U.S.C. f 230), whenever the party opposing recogni- fenders of free speech but also from the United Nations and even from some PROHIBITING ENFORCEMENT OF tion or enforcement of the judgment claims that the judgment is inconsistent with such Members of the British Parliament. FOREIGN DEFAMATION JUDG- section 230, unless the domestic court deter- And third, Britain takes a very ex- MENTS mines that the judgment is consistent with pansive view of personal jurisdiction. A Mr. COHEN. Mr. Speaker, I move to such section 230. The burden of establishing British court can exercise personal ju- suspend the rules and pass the bill that the foreign judgment is consistent with risdiction over a libel defendant if his (H.R. 2765) to amend title 28, United such section 230 shall lie with the party or her statement, wherever it was States Code, to prohibit recognition seeking recognition or enforcement of the judgment. made or aimed, can be said to cause and enforcement of foreign defamation ‘‘(d) APPEARANCES NOT A BAR.—An appear- ‘‘real or substantial’’ harm or injury to judgments and certain foreign judg- ance by a party in a foreign court rendering reputation in Britain. ments against the providers of inter- a foreign judgment to which this section ap- Combined with the Internet, this ex- active computer services. plies for the purpose of contesting the for- pansive view has rendered American

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