The Volokh Conspiracy

Possible Prosecution in England for Calling Scientology "Cult" on Sign:

The Guardian (UK) reports:

A teenager is facing prosecution for using the word "cult" to describe the Church of Scientology.

The unnamed 15-year-old was served the summons by City of London police when he took part in a peaceful demonstration opposite the London headquarters of the controversial religion....

A policewoman ... read him section five of the Public Order Act and "strongly advised" him to remove the sign. The section prohibits signs which have representations or words which are threatening, abusive or insulting.

The teenager refused to back down, quoting a 1984 high court ruling from Mr Justice Latey, in which he described the Church of Scientology as a "cult" which was "corrupt, sinister and dangerous".

After the exchange, a policewoman handed him a court summons and removed his sign....

A spokeswoman for the force said today: "City of London police had received complaints about demonstrators using the words 'cult' and 'Scientology kills' during protests against the Church of Scientology.

"Following advice from the Crown Prosecution Service some demonstrators were warned verbally and in writing that their signs breached section five of the Public Order Act.

"One demonstrator continued to display a placard despite police warnings and was reported for an offence under section five. A file on the case will go to the CPS."

Here's what appears to be the teenager's report of the incident, which the article appears to quote:

I brought a sign to the May 10th protest that said: "Scientology is not a religion, it is a dangerous cult".

Within 5 minutes of arriving at QVS, I was told by a member of the police that I was not allowed to use 'that word', and that the final decision would be made by the Inspector.

At around 11:15, while on the high ground of QVS, I was approached by these happy fellows: YouTube - Anonymous Protests Scientology - London - May 10th2008 (:40)

I was read the Section 5 Public Order Act of 1986, and was told I was strongly advised to remove the sign. You can see my response in the video, as I read out Justice Latey's statement about the Cult of Scientology. I was given until 11:30 to remove the sign.

At around 12:05 the police caught up with me, I was given a Court Summons and my details were taken down....

Thanks to InstaPundit for the pointer.

Related Posts (on one page):

  1. "No Charges Over [Anti-]Scientology Demo[nstration]":
  2. Possible Prosecution in England for Calling Scientology "Cult" on Sign:
Smokey:
Isn't truth a defense?

Oh, sorry. This happened in the formerly Great Britain.
5.20.2008 5:10pm
enlightened one (mail):
I read Dianetics. Changed my life. Before anyone criticizes or mocks Scientology, you're going to have to deal with this:
http://www.youtube.com/watch?v=UFBZ_uAbxS0
5.20.2008 5:21pm
zippypinhead:
Wow, between the UK's interpretation of "freedom" of speech, and its more-or-less complete abrogation of any ability to keep (let alone bear) arms, I'm having a bit of trouble discerning our allegedly common legal roots and values. Oh wait, maybe THAT's why the Founders decided they needed to cobble together that nifty little Bill of Rights thingie...

I don't suppose the Brits have also gone back to their quaint old habit of quartering troops in private homes during peacetime?
5.20.2008 5:46pm
Ex-Fed (mail) (www):
Granted it's been nearly 20 years since I studied the English legal system, but I'm not sure it is accurate yet to call this a prosecution. From what I grasp (and reinforced by the linked article), the police have the authority to issue the citations, but the Crown Prosecution Service (a beautiful name) ultimately decides whether to pursue it. The quote at the end of the article sounds, to my ears, like a tell that it will not be prosecuted.

To this extent it's like a number of misdemeanor offenses here in California, where cops issue citations and later the City Attorney or DA looks at it and gently explains "see, now, officer, actually that's not illegal" or perhaps "there's this thing called the Constitution." Then you show up on the cited date and wait around all day until they admit they aren't filing it.

[Thanks, updated the title to say "Possible Prosecution." -EV]
5.20.2008 5:48pm
A. Zarkov (mail):
enlightened one:

I assume that your whole post is tongue-in-cheek. But just in the very remote possibility it's not, you should go to Wikileaks where you can find the whole operating Thetan documents. Yes indeed the full monte. Now you don't have to pay thousands of dollars to see the inner secrets of COS. Note the COS is suing Wikileaks to stop them. I don't think they will succeed. Note also that Wikileaks uses the phrase "Cult" all over the place.

The UK is now a complete joke.
5.20.2008 5:48pm
teqjack (mail):
The police seem to have acted more or less properly in what might have caused an incident. Mostly less rather than more, but few are solicitors or barristers and grey areas cause them trouble no matter what they do.

The CPS, though, is supposed to either shed light upon or cast into the darkness such foggy matters, and hopefully will not proceed further.
5.20.2008 5:55pm
CDU (mail) (www):
I read Dianetics. Changed my life.

The question is not whether you believe in Scientology, but whether you believe in freedom of speech.
5.20.2008 5:59pm
Richard Aubrey (mail):
Getting a cite is not a non-event. Even if the CPS deigns to tell you by ten in the morning that it was okay, your view of your rights is diminished.
Because the CPS could have gone the other way, or your friend thinks it will the next time he wants to say something.
And then you get acquitted at some expense.
Yeah. This is a nothing. Right. As if, as has been said before, a bunch of attorneys could speak of prophylactic arrests as "nothing" with straight faces.
5.20.2008 6:02pm
ray:
"enlightened one" you are not:
If Dianetics changed your life, you need to get another one.
You will find on the web much information about wacko Hubbard.
He pursued medals for non-existent military services and actions that never took place. I won't bother providing a link
since there's too much to repeat. Even his son reported his psychopathic behavior.
5.20.2008 6:08pm
Kazinski:
If belonging to a cult is what makes some people happy, thats OK with me. If calling a cult a cult is what makes other people happy, I'm OK with that too.
5.20.2008 6:25pm
Tareeq (www):
One aspect of the story Eugene left out, but within the Guardian's account and which I blogged a bit about here, is that the London constabulary have a troubling history of accepting "gifts" worth thousands of pounds, to individual members, from Scientology.

Would I be out of line to use the word "bribe" in this context? Fortunately I'll never find out, as I live in a state which refuses to enforce British libel judgments.
5.20.2008 6:28pm
A. Zarkov (mail):
A friend of mine was one of the charter members of L. Ron's original founding group back in the 1950s (1940s?) and within a short time he found out how dangerous L. Ron was. Hubbard had a nasty habit of reporting people to the FBI as Communist when he decided he didn't like them.

I ask anyone how can a church have "trade secrets?" A church is not supposed to be in commerce, it's supposed to be a religious organization.
5.20.2008 6:28pm
enlightened one (mail):
CDU, ray, get a clue. I was taking advantage of the opportunity to enjoy the Cruise video one more time.

Geesh, I thought VC commenters were intelligent. "Enlightened one you are not." How clever and snarky.
5.20.2008 6:34pm
Thorley Winston (mail) (www):
I ask anyone how can a church have "trade secrets?" A church is not supposed to be in commerce, it's supposed to be a religious organization.


I think you might be confusing the elements of a trade mark (which have to be used “in commerce”) with those of a trade secret (which don’t necessarily have to be used “in commerce” but just have to be something that the owner derives “independent economic value” from keeping secret). I don’t believe that the fact that the owner of a trade secret is a church* or other non-profit organization would necessarily be a bar to being able to own a trade secret.

* FTR I don’t personally consider Scientology to be a “church” but they may in fact be legally recognized as one in the United States.
5.20.2008 6:36pm
A. Zarkov (mail):
"I don’t believe that the fact that the owner of a trade secret is a church* or other non-profit organization would necessarily be a bar to being able to own a trade secret."

I agree completely. My question was rhetorical. Obviously COS has successfully used the trade secrets ploy before to get the Fishman papers sealed. I just think it's some kind of quirk in the law to give a church protection for trade secrets when the secrets are the bible of the church.
5.20.2008 6:57pm
A. Zarkov (mail):
enlightened one:

Yep it's amazing how gullible are. I was 99% sure you were joking.

I sent a 911truther the Onion spoof which was hilarious. To my surprise he thought it was a real news program and took everyone quite seriously. It took me a few minutes to explain the joke to him.
5.20.2008 7:02pm
zippypinhead:
Technically, Scientology isn't claiming theft of trade secrets or violation of trademark. Per the demand letter posted on WikiLeaks from Ava Paquette, an attorney at Moxon &Kobrin in Los Angeles who purports to represent a Scientology organization ironically named the "Religious Technology Center," her client is simply claiming a garden-variety violation of U.S. Copyright Law.

All you Tom Cruise wannabes had better download the "Operating Thetan Documents" from WikiLeaks before Ms. Paquette serves WikiLeaks' web hosting provider with the inevitable ex parte TRO order...
5.20.2008 7:08pm
of course they are a cult:
Just because they want to legitimize their beliefs by building churches and enlisting movie stars doesn't mean they are any different than any other wacky cult. Thetans?? Please, these people are nuts.
5.20.2008 7:16pm
Engrammy:
Zippy's wrong. Take your time downloading these, um, "life changing" documents. Looks like even the vaunted Scientology legal attack dog team might have more trouble than usual getting WikiLeaks shut down.

Register article links describing WkikLeaks' "bulletproof" server host are here and here.

Now whether they can successfully get Professor Volokh's blog shuttered for daring to discuss the Scientology document controversy is another question. Anybody know any good law professors willing to take on a pro bono case? [/irony off]
5.20.2008 7:23pm
A. Zarkov (mail):
" ...had better download the "Operating Thetan Documents" from WikiLeaks before Ms. Paquette serves WikiLeaks' web hosting provider with the inevitable ex parte TRO order..."

I guess this is another joke. But again just in case. Read this article on bullet proof web hosting. I like this statement from Wikileaks.
"We have the usual small army of stupid lawyers that think we will piss our pants because they send us a scary letter," Svartholm said in a telephone interview. "We do employ our own legal staff. We are used to this sort of situation."

Also making a take-down difficult, Wikileaks maintains its own servers at undisclosed locations, keeps no logs and uses military-grade encryption to protect sources and other confidential information, according to an unidentified individual who answered a press inquiry sent to Wikileaks.
I'll bet the OT documents stay up.
5.20.2008 7:25pm
A. Zarkov (mail):
Wow two people with the same idea at the same time. Thanks Engrammy.
5.20.2008 7:27pm
Engrammy:
I'll bet the OT documents stay up.
A good bet. They've been up since March 24, and the lawyer demand letter was dated March 27.

The secret's out, tell a friend... [and that's a joke too]
5.20.2008 7:28pm
Brett Bellmore:
Just because they want to legitimize their beliefs by building churches and enlisting movie stars doesn't mean they are any different than any other wacky cult.


But they are different from most wacky cults. They're a lot more dangerous. A 'religion' that regards blackmail as a sacrament can accumulate an awful lot of power with which to harass people, when folks in high places are stupid enough to get on their hook. When those high places are in government, such a 'religion' can even end up wielding a remarkable amount of nominally state power.

Make no mistake: Scientology is a "wacky cult" the way the Mafia is a "boy's club".
5.20.2008 7:39pm
Tony Tutins (mail):
Just to underline: The UK is not a free country, if it ever was for the ordinary citizen.
5.20.2008 8:05pm
Strong:
Another thing that most outsiders do not understand is that thousands of people have left Scientology over the years. Their most personal secrets were divulged in Scn's version of confession. They may have left but their secrets remain and are used to kept people silent, just your regular religion. Cult is way too kind a description.
5.20.2008 8:22pm
Dan in EuroLand (mail):
Returning to Volokh's slippery slope theory, what are peoples thoughts on whether the US is headed down this avenue? Certainly infringements on free speech have already been institutionalized with sexual harassment and hate speech legislation. Will we continue into the crevasse?
5.20.2008 8:33pm
Blue (mail):
Um, yawl are missing something important. Whether or not the kid is formally prosecuted, the cop took away his sign.
5.20.2008 9:07pm
John (mail):
Sigh. What a dopey speech law. The Brits just seem so afraid of so much that they readily yield to their worst instincts, appeasing everybody's wishes not to be offended. Didn't somebody famous talk recently about appeasement?

Unfortunately, I think we are headed the same place.
5.20.2008 10:01pm
TerrencePhilip:
In the US, the kid would have remedies under state tort law and a first amendment suit for violating his rights by seizing the sign and the unlawful summons. I wonder what if any rights he has in the UK?

Also, I wonder if the $cilons have started to figure out what a mistake it was to use their usual scorched-earth smear tactics against thousands of anonymous and semi-anonymous web users-- they have made themselves the object of ridicule to untold numbers of people. These "copyright" and "trade secret" claims just draw them further in the quicksand. And every mainstream news media article that reports on their beliefs just makes them look more ridiculous!
5.20.2008 10:06pm
whit:
of course this is a dopey speech law. but that's the way england, the UK, and even canada has gone.

there is at least one way we are way way more free, and that's in regards to speech.

our next door neighbor canada gave up the fight long ago.
5.20.2008 10:48pm
sbw (mail) (www):
The freedom to offend is the bedrock of society. It is founded in the humble realization that we sometimes think we are correct when we are mistaken and depend on others to understand when. Democracy codifies this humility. Democracy requires free speech that allows the smallest among us to suggest a better way and convince others of it.

In practice, self-moderation is called for because the freedom to offend does not imply the necessity to do so. If humility is the first principle, reciprocity -- respect -- is the second, because each of us needs each other.
5.20.2008 11:37pm
Randy R. (mail):
SBW: "The freedom to offend is the bedrock of society."

Maybe in general, but certainly not during any tea party that I am throwing!
Polite conversation, a pot of hot tea, little cucumber sandwiches, and some homemade scones with good jam and cream are all you need to establish any decent civilized society.

For that, the Brits can be immensely and justly proud.
5.21.2008 12:02am
Daryl Herbert (www):
Tony Tutins wrote:

The UK is not a free country, if it ever was for the ordinary citizensubject

Fixed it for you.
5.21.2008 1:09am
Brian G (mail) (www):
Freedom of speech...that's such an American concept.
5.21.2008 2:22am
CDU (mail) (www):
Maybe in general, but certainly not during any tea party that I am throwing!
Polite conversation, a pot of hot tea, little cucumber sandwiches, and some homemade scones with good jam and cream are all you need to establish any decent civilized society.
I prefer a tea party where you dress up like Indians, board ships, and toss stuff overboard.
5.21.2008 2:55am
steve_roberts (mail):
Did you see how a lot of the demonstrators were wearing Guy Fawkes masks out of 'V for Vendetta' ? Life imitating art, or what.

PS With regard to freedom of speech in the UK, a trader at the Lincolnshire county show two years ago was fined for selling T-shirts with the message "Bollocks to Blair". Can we have your first amendment ? Oh, and maybe the rest of the Bill of Rights would come in handy too.
5.21.2008 5:32am
Vadept (mail):
So maybe they don't prosecute the kid. They still took his sign down. I don't see where he violated any rules with the sign, and from saying he was "strongly advised" to take down the sign, that suggest the sign's placement was legal, and the police violated his freedom of speech. If his sign had said "No blood for oil" would they have "strongly advised" he take it down? I doubt it.

As for those masked protestors, they are Anonymous and they declared war on Scientology via Youtube. They wear the masks, in part, to protect themselves from Scientology's attack dogs.
5.21.2008 5:40am
ruralcounsel (mail) (www):
Ah yes.

The Neville Chamberlain school of thought has been turned into statute. Poor England, nothing but a tarnished mockery of its former self.
5.21.2008 9:31am
PersonFromPorlock:
steve_roberts:

Can we have your first amendment ? Oh, and maybe the rest of the Bill of Rights would come in handy too.

You can have whatever you can take; but you'll have to take it from your government, not us.
5.21.2008 9:43am
zippypinhead:
PersonFromPorlock reply to steve_roberts:

Can we have your first amendment ? Oh, and maybe the rest of the Bill of Rights would come in handy too.

You can have whatever you can take; but you'll have to take it from your government, not us.
Good luck with that, my British friend. Would be easier if you had some better tools. No First Amendment. No Second Amendment. No Article V. No Article II, Section 4. And perhaps most troubling, one very large and bureaucratically oppressive E.U. lurking about the fringes.

Wow, now that I think about it, I am getting the urge to spend a few minutes proudly shining my U.S. Flag lapel pin...
5.21.2008 12:57pm
Houston Lawyer:
The UK law may be stupid, but at least it appears to be democratically enacted. I don't think the UK has turned over its policy making functions to the courts yet.
5.21.2008 2:25pm
Nonclam Nontheist:

Strong:
Another thing that most outsiders do not understand is that thousands of people have left Scientology over the years. Their most personal secrets were divulged in Scn's version of confession. They may have left but their secrets remain and are used to kept people silent, just your regular religion.


You realize that you could substitute "Catholicism" for "Scientology" above with no loss of truth, right?


of course they are a cult:
Just because they want to legitimize their beliefs by building churches and enlisting movie stars doesn't mean they are any different than any other wacky cult. Thetans?? Please, these people are nuts.


Are little green men so much nuttier a fiction than a virgin giving birth and a dead guy coming to life unseen for a trip into the sky?

Clams are bad. It's because of their behavior, not their religion.
5.21.2008 2:47pm
nandita (mail) (www):
Extraordinary! Whatever happened to freedom of speech? Surely, a signboard peacefully held by a teenager can’t possibly adversely affect public order much less incite religious hatred -- I understand that that's one of the statutory limitations to freedom of speech.

Does the English police now have some sort of policy which says that no one can question scientology? I don’t understand what prompted the police to act like this.
5.21.2008 3:19pm
whit:
nandita, england doesn't have anything remotely resembling freedom of speech. "what happened" to it? it's been long gone for ages.

the race relations act, and various other "public order" legislation etc. means simply that.

we are about the last place left on earth with free speech
5.21.2008 3:54pm
SeaLawyer:

Strong:
Another thing that most outsiders do not understand is that thousands of people have left Scientology over the years. Their most personal secrets were divulged in Scn's version of confession. They may have left but their secrets remain and are used to kept people silent, just your regular religion.



You realize that you could substitute "Catholicism" for "Scientology" above with no loss of truth, right?


You really don't know anything about Catholicism. The good thing is you can learn all about it and it won't cost you a thing.
5.21.2008 4:21pm
David Newton:
The UK law may be stupid, but at least it appears to be democratically enacted. I don't think the UK has turned over its policy making functions to the courts yet.

Now there is a "lawyer" who needs to read up on why the US constitution is set up the way it is. The Bill of Rights is there to stop "democratically" enacted laws. It is there to stop people "democratically" saying you cannot protest within a mile of the legislature. It is there to stop people "democratically" saying that truth is not an absolute defence to libel/slander. It is there to stop people "democratically" saying that there is no absolute right to silence to prevent self-incrimination. It is there to stop people "democratically" saying that there is no right keep firearms for self-defence.

All of these things are illegal/true in the UK. The laws were "democratically" passed by the Westminster parliament in the case of the statutes. The first is illegal without police permission under section 132 of the Serious Organised Crime and Police Act 2005. For the second see the libel trial of George Galloway v the Daily Telegraph. The third was made law under part 3 of the Criminal Justice and Public Order Act 1994. The fourth is prevented by the Firearms Act 1968 and the may-have discretion it allows police for firearms licences in the UK. The UK is not a may-issue CCW jurisdiction, it is a very restrictive may-issue firearms jurisdiction (including shotguns and some types of air rifles).

The founding fathers specifically put elements into the US constitution to stop too much populism. Too much populism is known as mob rule. The Bill of Rights is a very important part of those elements. It stops knee-jerk reactions to events resulting in bans on free speech. If the ruling in DC vs Heller goes as expected it will stop knee-jerk reactions to events resulting in bans on effective self-defence. It stops the abolition of basic protections in the court system (another thing the British Government has consistently tried to erode is the right to trial by jury and they have succeeded in abolishing double jeopardy).

Basic freedoms are vital and too many people are far too ready to throw them away for the illusion of security. Franklin said, "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." In the UK we have done far too much of giving up, and the US would be foolish to follow our example. The Bill of Rights is a strong protection against that happening. The enforcement of the Bill of Rights by the courts is a vital part of its functioning.
5.21.2008 4:54pm
May 21:
Wait, there is more. Court of appeals is actually the House of Lords, an unelected body of mostly old Establishment men, and some small time common crooks, who bought the seat from Tony Bliar. Ever wonder why Geo Washington revolted against that "democracy"?
5.21.2008 6:09pm
Anon E Mouse:
The kid should have stayed Anonymous when protesting an organization with a history of silencing critics, thats what the Guy Fawkes/EFG masks are for.

Also, I'm shocked no one has mentioned anonymous...
5.21.2008 11:49pm
David Newton:
The House of Lords is not actually part of the problem. Its judicial work is effectively independent of the executive and legislature, and has been for a long time. Even that semblance of a problem will go away comparatively shortly. Legislation is on the books which creates a Supreme Court of the United Kingdom. The relevant parts of the Constitutional Reform Act 2005 are expected to be commenced next year when the renovation and rebuilding work is completed on the supreme court building.

We even have striking down of legislation in the UK now. It has always been the case that secondary legislation could be struck down by the courts as ultra vires. The formal legal situation now is that primary legislation cannot be struck down by the courts due to the doctrine of parliamentary sovereignty. However what is happening in reality is that a new constitutional convention is developing that when an act of parliament is ruled to be in breach of the Human Rights Act 1998 a minister makes uses his power to make secondary legislation amending the offending legislation as soon as possible and the in the meantime the offending piece of legislation is not enforced. Give this a few more years and the way the UK works means that effectively the courts striking down primary legislation will have become a constitutional convention in the UK.
5.22.2008 3:11am
Whump (mail) (www):
Fail on both points, actually, Anon E Mouse.

Anonymous was mentioned about 6 hours before you posted, by Vadept.

And the kid did wear a mask. He's called Epic Nose Guy because he wears a carnival mask with a huge nose. Doesn't much matter when you get summoned by the police and they demand your ID. Masks aren't there to defend from the police.
5.22.2008 4:17am
whit:
"they have succeeded in abolishing double jeopardy"

great post btw.

but just for the record, i don't think we have any real protection against double jeopardy in the USA. at least not when the defendants are politically incorrect.

perfect example is rodney king. not guilty in state court, then try them for the same THING (i realize the CHARGES were different, but it's for the same act) in federal court.

we rarely see this with civilians. i don't see a civilian who wins a case of bank robbery in state court being tried federally (bank robbery is a federal offense as well). but let's get real. as long as you can be tried state AND federally for the same act, we have no real protection against double jeopardy either


article


there's an NYTIMES article about this very issue. the ACLU thought it was double jeopardy. of course the NYT disagrees
5.22.2008 6:47am
Anon E Mouse:
Whump: You've got me on the mask but considering what Vadept said, they were either talking about cancer or bending over backwards to preserve rule # 1.
5.22.2008 8:42am
Nonclam Nontheist:

SeaLawyer:

You really don't know anything about Catholicism.


You're wrong. Feel free to refute any of the following:
1) Thousands of people have left Catholicism over the years.
2) Their most personal secrets were divulged in Catholic confession.
3) They may have left but their secrets remain.
4) I have exactly the same evidence regarding use of secrets divulged in confession against the former members of Catholicism as you do regarding use of secrets divluged in confession against the former members of Scientology.
5.22.2008 9:18am
Brett Bellmore:
You were in good shape up to bullet point 4, Nonclam. Then you went off the rails. The Catholic church, whatever it's sins, does not use secrets gained in confession for the purpose of blackmail. The Scientologists do.
5.23.2008 11:34am
Loki (mail):
Perhaps a historical summary might be of interest here.

Through the '40s and early '50s I regularly read a monthly magazine of speculative science fiction. called "Astounding Science Fiction"--ASF, for short. Among its regular contents ASF printed stories and articles, by the likes of Isaac Asimov and various other scientists and technical workers (who often used pen names). The magazine had readers of a similar bent, who enjoyed the idea of going beyond where their facts and findings ran out, and into the realm of possible projections beyond the known--but generally along the same directions that it seemed conceivable the facts were pointing.

One of the ASF writers of fiction was L. Ron Hubbard.

Then Hubbard's article on what he then called "dianetics" appeared in the magazine. It was accompanied by a note from John Campbell, the hitherto highly respected editor of ASF. In this he gave his assurance to readers that the article was NOT any hoax; he had been advised, by no less a personage than Hubbard himself, that it was the real goods.

I believe it was at that point that ASF's professional scientific and technically oriented readers may have dropped away. As did I. "Dianetics" eventually gave way to "Scientology", although the infrastructure of "engrams" and the like seems to have remained. Caveat lector.
5.23.2008 6:32pm