Telnikoff v. Matusevitch
Citation and Court
347 Md. 561 (1997), Maryland Court of Appeals
Facts
Matusevitch, a Maryland resident, wrote a letter to a British newspaper responding to an article by Telnikoff. Telnikoff sued for defamation in England and obtained a judgment. Telnikoff then sought to enforce the English judgment in Maryland courts. Under English libel law, the defendant bore the burden of proving truth; under U.S. law, a public-figure plaintiff bears the burden of proving falsity.
Issue
Whether Maryland courts should recognize and enforce an English defamation judgment obtained under UK libel law that is inconsistent with First and Fourteenth Amendment protections.
Holding
The English defamation judgment was refused recognition because English libel law’s burden-shifting regime is repugnant to the constitutional free speech and free press guarantees that Maryland is obligated to respect.
Rule / Doctrine
A foreign judgment will not be recognized if its underlying law is repugnant to the public policy of the forum state. English defamation law, which presumes falsity and requires defendants to prove truth, is incompatible with First Amendment principles and therefore cannot support recognition of the resulting judgment.
Significance
Like Bachchan, Telnikoff refused recognition of an English defamation judgment on First Amendment grounds and contributed to the nationwide movement that culminated in the federal SPEECH Act (2010), which bars U.S. enforcement of foreign defamation judgments inconsistent with the First Amendment.