The Church of Scientology: Copyright vs. Free Speech

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The Church of Scientology: Copyright vs. Free Speech

Abstract: In 1995, the Church of Scientology sued a number of parties, including the Washington Post, in an attempt to prevent the circulation of secret documents about the “religion.” This paper examines both sides of this issue, explores the implications to copyright law and the First Amendment, and describes the actual results of the case.

The Church of Scientology is a global organization with over 270 churches or missions worldwide. For decades, it has possessed followers with an almost fanatical devotion to their leader, L. Ron Hubbard. Since the advent of the Internet, the Church has begun to resort to various legal actions to maintain the secrecy of their “scriptures.”

On August 4, 1995, Arnaldo Lerma received a fax from a lawyer representing the Church of Scientology. This letter demanded that he remove from his webpage certain “Advanced Technology materials” from the Church. In the letter, the Church claimed both copyright and trade secret protection for the materials [1]. The next day, Lerma received an unannounced visit from two members of the Church who wanted to express their “concern” over the materials he posted. In response to this, Lerma sent a reply to the Scientologists’ lawyer and claimed that the materials he posted were affidavits taken from the public record, and so were not subject to copyright or trade secret protection. He also informed the law firm that he had sent a copy of the disputed materials along with a tape recording of the Scientologists’ visit to a reporter from the Washington Post [2].

On the morning of August 12, 1995, Arnie Lerma’s house was raided by lawyers of the Church of Scientology two armed Federal Marshals. A...

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...mputer Seized in Internet Lawsuit.” Washington Post, 13 Aug 1995.

5. http://www.xs4all.nl/~kspaink/cos/rnewman/lerma/cos-sues-washpost-8.22.95: A press released issued by the Church of Scientology on August 22, 1995.

6. http://www4.law.cornell.edu/uscode/17/107.text.html: Title 17, Section 107 of the U.S. Code

7. http://www.xs4all.nl/~kspaink/cos/rnewman/media/bj-8.25.95: A posting to the Usenet group alt.religion.scientology regarding the 25 Aug 1995 hearing before Judge Leonie Brinkema.

8. http://www.xs4all.nl/~kspaink/cos/rnewman/lerma/brinkema-post-11.28.95: An opinion issued by Judge Leonie Brinkema on 28 Nov 1995.

9. Hall, Charles W. “Church of Scientology Wins Cyberspace Copyright Fight.” Washington Post, 20 Jan 1996.

10. http://www.xs4all.nl/~kspaink/cos/rnewman/media/bj-10.8.96: An opinion issued by Judge Leonie Brinkema on 8 Oct 1996.

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