FC: Harvey Silverglate warns of anti-Scientology bigotry

From: Declan McCullagh (declanat_private)
Date: Wed Aug 28 2002 - 21:35:27 PDT

  • Next message: Declan McCullagh: "FC: Politech members reply to Scientology's copyright paper"

    [Harvey is not only a longtime friend and personal hero -- he is one of the 
    most ardent civil libertarians alive today. He is a former president of the 
    ACLU of Massachusetts and a current board member. He is also a libertarian 
    and co-author (with Alan Kors) of "The Shadow University: The Betrayal of 
    Liberty on America's Campuses." Previous Politech message: 
    http://www.politechbot.com/p-03925.html --Declan]
    
    ---
    
    From: "Harvey Silverglate" <hasat_private>
    To: <declanat_private>
    Subject: RE: Arnie Lerma replies to Scientology's Internet position paper
    Date: Wed, 28 Aug 2002 15:21:14 -0400
    
    Declan,
    	I realize that my objectivity may be questioned, because during
    a 5-year span in the 1980s I represented the Church of Scientology in a
    series of bogus "religious fraud" cases brought against the Church in
    Boston and elsewhere. However, I did get to learn a lot about
    Scientology during this period. Anyone who takes the trouble to study
    the Church will understand that while it is of course true that
    Scientology is careful to portray itself as a religion in part to ward
    off governmental and individual attacks for "fraud", in fact the reason
    it is able to do so, with considerable success, is that there is,
    conceptually, no difference between Scientology and any established and
    accepted religion of which I'm aware. If one reads the Supreme Court and
    Court of Appeals case law as to what constitutes a religion, one
    realizes that there is an enormously wide and diverse group of belief
    systems that qualify -- belief systems that are traditionally theistic,
    and belief systems that are very different. Scientology is the
    quintessential non-theistic belief system. Sceptics ask Scientologists:
    "How can you believe that stuff?" The very question would appear to
    admit that Scientology is a religion! Why is it harder to accord First
    Amendment protection to Hubbard's "religious technology" than to accord
    such protection to espousal of belief in the Trinity?
    	Hence, the operative question is NOT why Scientology emphasizes
    its religious nature. It is OBVIOUS that one reason is to gain First
    Amendment protection. So, what's wrong with that? The operative question
    is whether Scientology's belief system qualifies for First Amendment
    protection. The answer is equally obvious: Absolutely. It is neither
    easier nor harder to believe in Scientology than to believe in One God.
    There is absolutely no distinction between Scientology and a more
    traditional religion, from a First Amendment perspective and analysis.
    It is fair for critics to criticize Scientology's methods and zeal, but
    it is equally fair, and equally easy, to criticize any more traditional
    religious organization. Has the Scientology organization done some
    things worthy of criticism? Yes, and it has at times admitted error. But
    nothing that Scientology nor Scientologists have done since its founding
    in the 1950s even compares to the atrocities committed by the world's
    major religions over centuries. It takes the world's major religions
    centuries to admit error; Scientology has a better record.
    	Were I a Scientologist, and had I suffered the decades of
    persecution that Scientology suffered at the hands of the Internal
    Revenue Service and the Department of Justice, I, too, would emphasize
    the religious nature of the belief system. I am not a true believer, and
    I do not agree with all of Scientology's policies. (For example, I
    disagree legally and philosophically with the Church's very restrictive
    position on copyright issues.) But it is frivolous, and bigoted and
    narrow-minded, to refuse to recognize that, for First Amendment
    purposes, Scientology is as much a religion, and as much entitled to
    First Amendment religion-clause protection, as any of the more
    traditional, commonplace belief systems.
    
    						Harvey A. Silverglate
    						Silverglate & Good
    						Boston
       
    
    
    
    
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