Scientology and the legal system
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The Church of Scientology has been involved in a number of court disputes throughout the world. When the church has initiated the dispute, there has often been controversy as to Scientology’s true motives. Critics allege that most of the Church’s claims are frivolous and designed to harass those it perceives as its enemies. The Church maintains that its use of the legal system is necessary to protect its intellectual property and its right to freedom of religion.
Legal disputes initiated by Scientology often fall into one of the following categories:
- Alleged copyright infringements. Scientology’s religious documents are copyrighted, and many are available only to members who pay for higher levels of courses and auditing.
- Alleged libel and slander, as in the $400 million lawsuit filed against Time Magazine in 1991, which the church lost.
- Claims of religious discrimination. The church has brought several cases before the European Court of Human Rights challenging refusals to recognize local Scientology groups as religious organizations.[1]
In the years since its inception, the Church of Scientology's lawsuits filed against newspapers, magazines, government agencies (including the United States tax collecting unit, the IRS), and individuals have numbered in the thousands. In 1991, Time magazine estimated that the Church spends an average of about $20 million per year on various legal actions,[2] and it is the exclusive client of several law firms.
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[edit] The Church’s view
Scientologists claim that the church’s main goal is to be recognized as a religion, which on occasion has met resistance from opponents (including national governments), and this has forced it to have recourse to the courts. In some instances the church has succeeded in overcoming such resistance, although occasionally this has required protracted court battles. For example, Scientology’s path to legal recognition as a religion in New Zealand took 48 years and several lawsuits.[3]
Other efforts have had less success. In 1999, the United Kingdom rejected an application for charity status and the attendant tax benefits.[4] The church applied for Canadian tax-exempt status in 1998,[5] was reportedly rejected in 1999,[6] and is not registered as a charity as of May 2006.[7]
Some governments have labelled the church as a cult. German[8] and Belgian government entities have called it a "totalitarian cult" and a "commercial enterprise," while a 1995 parliamentary report in France classified it, along with 172 other religious groups, as a "dangerous cult".[9] In Russia, the government has refused to register the church as a religious organisation, which is currently the subject of proceedings before the European Court of Human Rights in the cases of Kimlya v. Russia and Church of Scientology Moscow v. Russia.[1][10]
The United States Commission on International Religious Freedom has expressed concerns that such government initiatives and activities, especially such as occurred in France, have "fuelled an atmosphere of intolerance toward members of minority religious groups".[11]
[edit] Critics’ views
Critics allege that the ultimate aim of Scientology lawsuits is to destroy church opponents by forcing them into bankruptcy or submission, using its resources to pursue frivolous lawsuits at considerable cost to defendants. In doing so, they draw particular attention to certain controversial statements made by the church’s founder, L. Ron Hubbard, in the 1950’s and 1960’s.
In 1994, for example, Scientology attorney Helena Kobrin was fined $17,775 for filing a frivolous lawsuit.[12] U.S. District Court Judge Leonie Brinkema cited a frequently quoted statement of L. Ron Hubbard on the subject in the case of Religious Technology Center vs. The Washington Post, on November 28 1995:[13]
- "The purpose of the suit is to harass and discourage rather than win. The law can be used very easily to harass, and enough harassment on somebody who is simply on the thin edge anyway, well knowing that he is not authorized, will generally be sufficient to cause professional decease. If possible, of course, ruin him utterly."—L. Ron Hubbard, The Scientologist, a Manual on the Dissemination of Material, 1955
Critics also allege that the Church uses litigation as a cover for intimidation tactics, such as investigating the criminal records of opponents (or lack thereof) and subjecting them to surveillance and invasive inquiries, both to discourage further criticism and to ensure the opponent's unwillingness to fight the lawsuit. A policy letter by L. Ron Hubbard, distributed in early 1966, admonishes:
- This is correct procedure:
- (1) Spot who is attacking us.
- (2) Start investigating them promptly for FELONIES or worse using own professionals, not outside agencies.
- (3) Double curve our reply by saying we welcome an investigation of them.
- (4) Start feeding lurid, blood sex crime actual evidence on the attackers to the press.
- Don't ever tamely submit to an investigation of us. Make it rough, rough on attackers all the way.[14]
Opponents of Scientology cite this passage, among others, to support their contentions that the church uses smear tactics to augment the effectiveness of legal threats.
[edit] Notable Scientology court cases
Notable Scientology court cases include the following:
- Court case in 1976 concerning Operation Freakout, a church campaign targeting the author Paulette Cooper.
- Court case in 1979 and criminal convictions of 11 high-ranking officials regarding Operation Snow White, the largest program of domestic espionage in U.S. history.
- From the time its tax exemption was removed by the IRS in 1967, to the reinstatement of the tax exemption in 1993, Scientologists filed approximately 2,500 lawsuits against the IRS. Over fifty lawsuits were still active against the IRS in 1993, although these were settled after the church negotiated a tax exemption with the government.
- The Cult Awareness Network (CAN) was driven into bankruptcy in part by a number of Scientology-related lawsuits (CAN had also been held liable for over $1 million in damages for the kidnapping and abusive deprogramming of a member of the Life Tabernacle Church, a church unaffiliated with Scientology[15]). As the TV news program 60 Minutes reported in 1997, Scientologists filed over fifty lawsuits against the non-profit organization, which spent over $2 million on its legal defense. After one court handed down a judgment of $1 million against CAN, the organization filed for bankruptcy and auctioned off its assets, which were purchased for $20,000 by a lawyer affiliated with Scientology.
- In May of 1991, Time Magazine published a cover story on Scientology.[2] The Church responded by suing Time for $400 million, and a five-year legal battle ensued in which Time spent approximately $7 million defending itself in court. The case was eventually dismissed in the magazine's favor.
- Scientology has filed lawsuits against a number of Internet users, The Washington Post newspaper, over fifteen various Internet service providers in The Netherlands, and others concerned in the matter of Karin Spaink, a supporter of Arnie Lerma and other Internet activists who posted on her Web page excerpts from Scientology's copyrighted scriptures, which are withheld from the general public. This legal case included claims by Scientology that hyperlinks to alleged copyright infringements were also illegal. Spaink's case was taken all the way to the Supreme Court of the Netherlands; however, the Court rejected Scientology's claims in their entirety, including the claims regarding hyperlinks.[16]
- When the Church was charged with a felony count of practicing medicine without a license in the 1996 case involving the death of Scientologist Lisa McPherson, Florida asked for damages of approximately $15,000 to be awarded against the organization. The Church hired law firms and medical specialists at an estimated cost of over $1 million, waging a defense that eventually resulted in the case being dismissed due to lack of credible evidence. On May 29, 2004, the Church paid an undisclosed amount to settle a wrongful death suit brought on behalf of McPherson's estate. An article on the suit describes legal attacks made by Scientology's attorneys:
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- "[McPherson family attorney Ken] Dandar has persevered through a seemingly endless barrage of legal attacks. There have been nine attempts to disqualify him, and four attempts to remove Lisa's aunt, Dell Liebreich, as executor of Lisa's estate. Scientology attorneys have filed bar complaints against both him and Lirot, lawsuits against Lisa's family, and motions to remove judges and move the case to other venues. When asked how going up against Scientology compares to normal litigation, [First Amendment attorney Luke] Lirot replied, "It's like comparing LSD to orange juice." The wrongful death case went through four judges in seven years.[17] The McPherson case was eventually settled.[citation needed]
- In the case of Wollersheim vs. Church of Scientology (1980), former member Larry Wollersheim sued the organization for mental distress, and was awarded $30 million in damages. Scientology vowed not to pay the award, and the case dragged through the courts for 22 years, including two separate appeals to the Supreme Court of the United States and two additional appeals to the California Supreme Court. In early 2002, the case was finally settled, with the Church of Scientology paying Larry Wollersheim $8,674,643.[18]
- In Religious Technology Center v. Gerbode, 1994 WL 228607 (C.D. Cal. 1994) (against Frank A. Gerbode, inventor of Traumatic Incident Reduction), a Rule 11 sanction of $8,887.50 was imposed against Helena K. Kobrin, Church attorney, for bringing baseless, frivolous claims.
[edit] Cases in the UK
- Bonnie Woods, a former member who began counselling people involved with Scientology and their families, became a target along with her husband Richard in 1993 when the Church of Scientology started a leaflet operation denouncing her as a "hate campaigner" with demonstrators outside their home and around East Grinstead. She and her family were followed by a private investigator, and a creditor of theirs was located and provided free legal assistance to sue them into bankruptcy. After a long battle of libel suits, in 1999 the church agreed in a settlement to issue an apology[19][20] and pay £55,000 damages and £100,000 costs to the Woods.[21][22][23]
[edit] Cases in Canada
- In R. v. Church of Scientology of Toronto, et al. (1992), the Church of Scientology was convicted on two charges of breaching the public trust, and seven members were convicted on various charges.
- In Hill v. Church of Scientology of Toronto, Justice Casey Hill, at that time a Crown attorney involved in the R. v. Church of Scientology of Toronto case, sued and won for libel, winning the largest libel damage award in Canadian history. During the case, it was shown that a file had been kept on him as an "Enemy Canada". In their decision (1995), the Supreme Court of Canada found:
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- "In this case, there was ample evidence upon which the jury could properly base their finding of aggravated damages. The existence of the file on Casey Hill under the designation "Enemy Canada" was evidence of the malicious intention of Scientology to "neutralize" him. The press conference was organized in such a manner as to ensure the widest possible dissemination of the libel. Scientology continued with the contempt proceedings although it knew its allegations were false. In its motion to remove Hill from the search warrant proceedings, it implied that he was not trustworthy and might act in those proceedings in a manner that would benefit him in his libel action. It pleaded justification or truth of its statement when it knew it to be false. It subjected Hill to a demeaning cross-examination and, in its address to the jury, depicted Hill as a manipulative actor."[24]
[edit] Legal counsel
Attorneys and other legal associates of Scientology-related entities include:[25][26]
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[edit] References
- ^ a b European Court of Human Rights first section Decision as to the admissibility of Applications nos. 76836/01 and 32782/03 by Yevgeniy KIMLYA, Aidar SULTANOV and CHURCH OF SCIENTOLOGY OF NIZHNEKAMSK against Russia (2005-06-09). Retrieved on 2006-08-09.
- ^ a b Behar, Richard. "The Thriving Cult of Greed and Power", Time Magazine, 1991-05-06, pp. 50. Retrieved on 2006-08-09.
- ^ Human Rights Without Frontiers International (2002-12-27). IRD recognises Scientology church as charity. Press release. Retrieved on 2006-08-09.
- ^ The Charity Commission (1999-11-17). Decision of the Commissioners on the application by the Church of Scientology (England and Wales) for registration as a charity (PDF). Retrieved on 2006-08-09.
- ^ J. Saunders & T. Appleby, Scientology Seeks Tax Receipt Status, The Globe and Mail, 19 January 1998, A1, A6.
- ^ Gregg Hagglund (1999-11-14). "Charity status reported turned down". alt.religion.scientology. (Google Groups). Retrieved on 2006-08-09.
- ^ Canada Revenue Agency Charity List
- ^ Scientology and Germany, Understanding the German View of Scientology. German Embassy in Washington, D.C.. Retrieved on 2006-08-09.
- ^ French National Assembly Report of the Board of Inquiry into Cults (1995-12-22, in French, English translation available)
- ^ European Court of Human Rights first section Decision as to the admissibility of application no. 18147/02 by CHURCH OF SCIENTOLOGY MOSCOW and Others against Russia (2004-10-28). Retrieved on 2006-08-09.
- ^ United States Commission on International Religious Freedom (May 2004). "2004 annual report" (PDF).
- ^ Scientology's Scientologist Attorney Helena Kobrin. Retrieved on 2006-08-09.
- ^ Religious Technology Center vs. The Washington Post.
- ^ Attacks on Scientology by L. Ron Hubbard, "HCO Policy Letter of 15 February 1966"
- ^ Robinson, B.A. (2004-03-31). The Anti-Cult Movement: The Cult Awareness Network. Ontario Consultants on Religious Tolerance. Retrieved on 2006-08-09.
- ^ "NL Supreme court ends 10 year old Scientology case", EDRI, 2006-01-18. Retrieved on 2006-08-09.
- ^ David S. Touretzky, Razor (Web-based magazine) article, "A Church’s Lethal Contract", January 2004
- ^ Fight Against Coercive Tactics Network (2002-05-09). Scientology cult pays $8,674,643 to ex-member to end 22-year legal battle.. Press release. Retrieved on 2006-08-09.
- ^ Apology to Bonnie Woods from the Church of Scientology and other defendants, 8 June 1999.
- ^ Text of apology to Bonnie Woods
- ^ Stars' cult pays out £155,000 over hate campaign, Richard Palmer, The Express, 8 June 1999.
- ^ Scientologists pay for libel, Clare Dyer, The Guardian, 9 June 1999.
- ^ Woods vs. Scientology Court Case. Retrieved on 2006-08-09.
- ^ Hill v. Church of Scientology of Toronto, Full text of Supreme Court of Canada decision at LexUM
- ^ http://www.holysmoke.org/sdhok/shisters.htm and/or http://hometown.aol.com/dpinstitut/COS_Shyster_List.html
- ^ Slatkin fraud investor list
[edit] External links
[edit] Church of Scientology
- Church of Scientology International Human Rights Department. Scientology's official site in regards to the acceptance of the church as a religion. Church of Scientology.
- Scientology in the News: Press Office. Questions and Answers about the Church’s actions to uphold religious freedom, copyright law and trade secret protections on the Internet. Church of Scientology.
- Links related to Scientology and legal cases. Yahoo directory of Scientology and legal cases. Yahoo.
[edit] Critical and other sites
- Google Erasure of Anti-Scientology Links. specific legal actions about intellectual property on Google. dmoz.
- Scientology Court Files. a site critical of Scientology. Xenu.net.
- Scientology and the Legal System. a site critical of Scientology. SubGenius.
- Internet listings of Scientology court cases. Google search results. Google.
- Chilling effects. a clearinghouse of legal documents. Chilling Effects.
