Newsgroups: alt.religion.scientology From: dennis.l.erlich@support.com Subject: WHEN WAS THE US FOURTH AM Message-ID: <9509151245.0HXEE02@support.com> References: Organization: L.A. Valley College Public BBS (818)985-7150 X-Mailer: TBBS/PIMP v3.35 Distribution: world Date: Fri, 15 Sep 95 12:45:41 -0700 Lines: 81 * cogent synopsis of major events on ars this year * +---------------------------------+ Tony Sidaway >The United States Fourth Amendment states: > "The rights of the people to be secure and their persons, houses, > papers and effects, against unreasonable searches and seizures, shall > not be violated, and no warrants shall issue but upon probable cause, > supported by oath or affirmation, and particularly describing the > place to be searched, and the persons or things to be seized." > >Now in January Judge Whyte of the Federal Court in California issued >a document known as a Civil Writ of Seizure which empowered members of >the church of scientology, accompanied by off-duty policemen, to walk >into Dennis Erlich's house and take it over for about eight hours while >they searched his computer for alleged copyright infringements. Although >the writ called for Federal Marshals to be present, none were in >attendance. Despite this abuse of the writ, Mr Erlich is still involved >in long and costly litigation (fortunately his case has been taken up pro >bono, but he has lost his house and his job.)The United States Fourth Amendment >states: > > "The rights of the people to be secure and their persons, houses, > papers and effects, against unreasonable searches and seizures, shall > not be violated, and no warrants shall issue but upon probable cause, > supported by oath or affirmation, and PARTICULARLY DESCRIBING THE > PLACE TO BE SEARCHED, AND THE PERSONS OR THINGS TO BE SEIZED." > >In the last month or two, apparently on the same writ, the church of >scientology, this time with Federal Marshals, actually seized computer >equipment from Arnaldo Lerma, and from the FactNet BBS. The church's >computer consultants have published the keyword search list used to >scan the computers' sectors, and it contains the names of critics of >scientology, not scientology terms--in other words this was a straightforward >intelligence-gathering raid. > >Not surprisingly, in the FactNet case, the judge refused the church the >right to keep the equipment as it has little chance of succeeding in its >case. But the damage has been done, the church has the computers and it >has a record of ignoring court rulings--it has yet to pay up $2.5m plus >interest awarded to FactNet director Lawrence Wollersheim in a separate >case which he won against them (church exhausted appeals system, award >stands, but church has not yet paid up). > >If these cases are not unreasonable, I ask, what is? The church of >scientology is abusing the US legal system to drive its critics into >bankruptcy. > >If the USA is the land of the free, why is this allowed? >-- >Tony Sidaway SUPPORT DENNIS ERLICH, US CRITIC SUED BY $CIENTOLOGY CULT Tony, thanks for the bottom line important events from a personal point of view. I'm sure that the Internet Service Provider liability issues for Tom Klemesrud, netcom and arnie's internet provider are equally important to a great many people. I think the main issue that got people pissed is the cult's attempted internet censorship campaign. People should be aware that it worked. I have not had access to my material for fair use quoting, even though Judge Whyte said I could. How does he expect me to exercize that right if he doesn't return my research material? Did he think I didn't notice I was "bein' zommed by his earlier "sure your have fair use, Mr Erlich" ruling? I have no reason to be disgusted with my country and it's sham "equal justice under the law" (as long as you can afford it) justice system? I'd say I do. +--------------------------------------+ Rev. Dennis L Erlich * * the inFormer * * dennis.l.erlich@support.com + inForm@primenet.com "tar baby"