IP: EFF Supports Henson's Right to Criticize Scientology Online

[David Farber <dave () farber net>]

Electronic Frontier Foundation Media Release

For Immediate Release: June 22, 2001


Contact:

      Cindy Cohn, EFF Legal Director
      cindy () eff org
      +1 415 436-9333 x108


Conviction of Scientology Critic Raises Free Speech Issue

Electronic Frontier Foundation Concerned US Court Violated
Speech Rights


San Francisco - The Electronic Frontier Foundation (EFF)
today expressed concern over a California court conviction
of H. Keith Henson in a case involving online criticism of
the Church of Scientology (CoS). In a decision which
appears to have violated his constitutional right to free
speech, a jury in Riverside County convicted Henson of
threatening the free exercise of religion by members of
the CoS.

"We are deeply concerned that the decision violates
Mr. Henson's free speech rights," said EFF Legal Director
Cindy Cohn. "Since he does not appear to have made
any credible threat of physical attack as required
for conviction under the U.S. Constitution, Mr. Henson has
a legal right to express criticisms online without
fearing a prison term."

On April 26, 2001, Henson was convicted of threatening
to interfere with the CoS members' freedom to enjoy their
constitutional right to the free exercise of religion.
Although official trial documents are not yet available,
the verdict seems based on Henson's activities
while picketing the CoS desert compound and postings on
the Internet alt.religion.scientology newsgroup. It
appears that the postings admitted into evidence
included only fragments of longer postings or threads
taken out of context. For example, the defense was
apparently prohibited from showing that a comment about
"cruise missiles" was made in response to a joke about
actor Tom Cruise. The trial judge also allegedly forbid
Henson from explaining why he was protesting Scientology.

Henson was also accused of making and attempting to make
terrorist threats against the CoS, however the jury
convicted only on a single misdemeanor charge under a
California "hate crime" statute. EFF is concerned that
the jury may have convicted Henson on this one charge
based on misinformation and mislabeling of evidence
introduced at trial.

The basic requirements for conviction under California Penal
Code section 422.6 are that "force or the threat of force"
must be involved and that "the speech itself threatened
violence against a specific person or group of persons and
that the defendant had the apparent ability to carry out the
threat."

Neither of these requirements appear to have been met in
Henson's case. For instance, Henson's discussions apparently
included long-range missile systems in connection with the
CoS desert compound. Such statements seem inadequate to
substantiate a reasonable fear that he would actually
launch or have the ability to launch a missile attack
against anyone.

Furthermore, a recent decision by the 9th Circuit Court
of Appeals, Planned Parenthood v. American Coalition of
Life Activists, clarified that strong advocacy is protected
expression stating, "it doesn't matter if the speech makes
future violence more likely; advocating 'illegal action
at some indefinite future time' is protected."

Following his conviction, Henson took refuge in Canada
where, based on information Scientology sent to authorities,
he was arrested in a shopping mall parking lot, by a
heavily armed paramilitary unit. However, Canadian
officials later released Henson and accepted his
application for asylum.

In a May 30th phone interview with the Toronto Star
newspaper, Henson's wife said that he is being targeted by
the CoS because he has been working to expose the group as
a crime syndicate for five years.

EFF Executive Director Shari Steele commented, "EFF is
deeply disturbed by these possible violations of Mr.
Henson's constitutional rights. This trial seems intended
to punish Mr. Henson for his opposition to a powerful
organization, using the barest thread of legal
justification to do so. EFF joins Mr. Henson's American
counsel in urging the California Court of Appeals to set
aside this verdict and confirm Mr. Henson's right to protest
publicly a group that he opposes."

For more information on the Henson case, see
http://freehenson.da.ru

For the public alt.religion.scientology postings, see
http://groups.google.com/

Related media coverage:
http://www.laweekly.com/ink/01/31/news-holland.shtml
http://www.politechbot.com/cgi-bin/politech.cgi?name=henson

About EFF:
The Electronic Frontier Foundation is the leading civil
liberties organization working to protect rights in the
digital world. Founded in 1990, EFF actively encourages
and challenges industry and government to support free
expression, privacy, and openness in the information
society. EFF is a member-supported organization and
maintains one of the most linked-to websites in the world:
http://www.eff.org

Special thanks to Kathleen Hunt for contributing to this
media release.

                         - end -




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