Lawsuit against 'Time'

Your legal experts forgot to mention the most important facet of U.S. law concerning a possible "Soeharto Inc." lawsuit against Time ( The Jakarta Post, May 23). The First Amendment to the U.S. Constitution protects Freedom of the Press (as well as Freedoms of Speech, Religion, and Assembly). Interpreting this Freedom of the Press is the leading U.S. Supreme Court Decision, New York Times v. Sullivan (1964). Sullivan would apply to "Soeharto, Inc." because the former president is a "public figure". To win under Sullivan, Soeharto would have to prove not only that Time's allegations were false, but that Time knew they were false, and that Time published these false allegations out of malice toward the former president. Cases decided since Sullivan show that it is almost impossible to prove all three matters; a free press is thought more important than the reputation of someone who abandons much of his privacy by entering public life -- ask Bill Clinton.

The former president might win a lawsuit filed in Indonesia against Time. But the former president's recovery would be limited to seizing assets of Time located in Indonesia. Time has many assets in the U.S., of course, but a U.S. court would not enforce an Indonesian court's judgment against these assets because this would violate the First Amendment -- under Sullivan. I enjoy your thoughtful reporting.

PAUL H. BRIETZKE

Jakarta