Archive Message - 1995
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From news.interserv.net!news.sprintlink.net!howland.reston.ans.net!ix.netcom.com!netcom.com!sthomson Thu Aug 31 10:51:17 1995 Newsgroups: alt.religion.scientology,alt.clearing.technology,comp.org.eff.talk,misc.legal.computing,alt.conspiracy Path: news.interserv.net!news.sprintlink.net!howland.reston.ans.net!ix.netcom.com!netcom.com!sthomson From: sthomson@netcom.com (shelley thomson) Subject: SPECIAL BULLETIN: LERMA HEARINGS /**Biased Journalism** Message-ID: <sthomsonDE5LBp.K1p@netcom.com> Organization: NETCOM On-line Communication Services (408 261-4700 guest) X-Newsreader: TIN [version 1.2 PL2] Date: Thu, 31 Aug 1995 02:23:48 GMT Lines: 108 Sender: sthomson@netcom12.netcom.com Xref: news.interserv.net alt.religion.scientology:91663 alt.clearing.technology:12387 comp.org.eff.talk:61070 misc.legal.computing:11715 alt.conspiracy:87858 **Biased Journalism** : a net magazine designed to compensate for the shortcomings of the professional news media. Copyright 1995 Shelley Thomson; all rights reserved. Mail, articles and comment may be directed to <sthomson@netcom.com>. Netiquette will be observed with all communication, except for the following: harassing or threatening mail will be posted to the net immediately. **Biased Journalism** Special Bulletin: August 30, 1995. Read at your own risk. This is **Biased Journalism**! SPECIAL BULLETIN: A DECISION IN THE LERMA HEARINGS TODAY IN COURT: According to an informant, Judge Brinkema ruled today on Religious Technology Corporation vs. the Washington Post and two Post reporters. The Church [of Scientology, for those new to this discussion] lost this round. They were denied the Temporary Restraining Order, Impoundment and expedited Discovery they had asked for against the Washington Post. While this decision did not deal directly with the case of Arnie Lerma, a defendant in the same suit, portions of the 15-page opinion could be taken to reflect the judge's views of the action against Lerma. Lerma's computer and disks have not been returned. The following is a key exerpt from today's Memorandum Opinion, rendered 30 August 1995: "IV. Conclusion Having performed the analysis required under Blackwelder, this Court concluded that Plaintiff's motion for a Temporary Restraining Order and a Preliminary Injuction; for Impoundment of Infringing Articles; and for expedited Discovery against the Post Defendants must be denied. The balance of harms is heavily tilted towards Defendants, and the Plaintiff's likelihood of success on the merits is insufficient to right the scale. Finally the public interest and constitutional presumption against prior restraint weigh heavily against the Plaintiff. For these resons, Plaintiff's motion is denied. Defendants must maintain the status quo as to possession of the AT documents and may make fair use thereof. However, Defendants are prohibited from making additional copies of the AT documents and distributing or transferring the documents to their papers in this action, such filings must be made under seal. The Clerk is directed to forward copies of this order to the counsel for record. Entered this 30th day of August 1995 Alexandria Virginia Leonie M Brinkema United States District Judge" It is our understanding, subject to later correction, that the "AT documents" mean the advanced technology documents, presumably those included in the Fishman Declaration. The judge apparently does not wish at the moment to create another public court record which might be the subject of dispute between teams of church members, reporters and the inquisitive general public. ABC NEWS FEATURES SCIENTOLOGY RAIDS Staff reporter Arlene Fortiori happened to be watching when: On Tuesday evening, August 29, ABC World News offered a story on the raids by the church of scientology against its best known critics. A brief explanation was followed by four sound bites. The first was Arnie Lerma; there were brief scenes of the search of his home and the removal of disks and files. Lerma looked directly into the camera; "They took my computer, my mouse, my records..." he said, his brown eyes filled with the innocent reproachfulness of a wounded deer. (Fortiori was still thinking about this when the next sound bite started.) Larry Wollersheim expressed indignation about his raid, which was sympathetically described by ABC. Then the raiders had their say, starting with spokes- woman Leisa Goodman. Goodman was tense and unfriendly. She defended the raids as acts to protect the copyrights of the church of scientology. The final sound bite belonged to senior scientology lawyer Earle Cooley. Cooley seemed defensive and ill at ease. His bite was a sentence to the effect that this is not an issue of freedom of speech, but of the protection of copyrighted material. Cooley's body language said Not Happy To Be Here. It was as if he had been caught doing something *really evil,* Fortiori commented. And so it goes. Stay tuned for future bulletins from **Biased Journalism**. The End

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