In these times of great interest in the preservation of free speech,
we noted last week that, "The U.S. Supreme Court denied, without
elaboration, an appeal to review a case involving a Colonie human
potential training company, free speech, and the Internet."
(See "High Court Rejects NXIVM Appeal: Company Had Sued
Researcher over Cult Label, Criticism on Web," in Albany Times-
Union.
http://www.timesunion.com/AspStories/story.asp?
storyID=310693&category=REGION&newsdate=12/3/2004
The U.S. District Court and the U.S. Court of Appeals Second Circuit
had previously ruled against the plaintiffs in NXIVM v. Ross
Institute. The 21-page ruling states, in part: "....It is plain
that, as a general matter, criticisms of a seminar or organization
cannot substitute for the seminar or organization itself or hijack
its market. To be sure, some may read defendants' materials and
decide not to attend plaintiffs' seminars. Indeed, the record
reflects that soon after the dissemination of defendants'
material, actress Goldie Hawn cancelled a visit with NXIVM's
leader,
Keith Raneire....If criticisms on defendants' websites kill the
demand for plaintiffs' service, that is the price that, under the
First Amendment, must be paid in the open marketplace for
ideas...."
Jim Bergin and Judy Garvey