You would have to sue over a right or over actual damages that can be proven. There is no right to speak with people, people are allowed to chose to speak with whoever they want from a legal point of view. Intentional infliction of emotional distress is such a high bar that few people can ever reach it in the huge number of legal proceedings a year. There is no assault or other criminal act either.
What About A Class Action Lawsuit For Emotional Harm From Secret Kangaroo Courts Orcestrated By The Watchtower Coporation
by Humphry 17 Replies latest watchtower beliefs
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Humphry
I'm thinking maybe the young baptized JW children have a better shot at making a case and proving emotional harm by being DF'd I'm sure that would have a better chance in court especially with some reputable psychologist, testimony and add to that all the child abuse lawsuits they had and are having could be used as evidence against them.
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JC323
It would never survive summary judgement. Because no civil court can enter itself within a dispute with in a religious membership issue.
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Humphry
You would have to sue over a right or over actual damages that can be proven. There is no right to speak with people, people are allowed to chose to speak with whoever they want from a legal point of view.
How about using the DF'n someone to chill his free speech to warn his loved ones about a cruel fraud being perpetrated on them by the WT corporation in to abject servitude. Say a person warns his friends and relatives about the fraud and he is DF'd for doing so? I think if in that order they might has a 1st amendment violation.
Intentional infliction of emotional distress is such a high bar that few people can ever reach it in the huge number of legal proceedings a year. There is no assault or other criminal act either.
That why a good expert witness could really help the case.
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Humphry
It would never survive summary judgement. Because no civil court can enter itself within a dispute with in a religious membership issue.
Then don't make it a membership issue and focus on the ordeal of going through a phony judicial herring denied any semblance of justice.
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JC323
The court cannot look at the proceedings or an internal religious discipline. You would have to ask the court to look into a religious practice and for them to say this is acceptable and this is not. That would be a violation of the establishment and expression clause of the 1st ammendment.
A private organization can stop free speech all they want, just like a private citizen can stop free speech. The constitutional protections is for protecting citizens against goverment action. Not private action.
Intentional infliction of emotional distress has to meet I believe 4 criteria. 1 is that it must shock the senses of the general community. Expelling a person from a private organization doesnt shock the senses.
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Humphry
Looking forward to a test case in the future. It may be true that the that was the intent of the 1st, maybe an amendment might make it possible? What do you think? Sort of like a refinement of the bill of rights that makes lawsuits possible. Maybe a refinement of the rights religious freedom, speech, and thought that removes the shelter from these abusive mind control cults.
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JC323
The complication of trying to make a constitutional amendment would be impossible. There are a number of cases where people try to sue watchtower an individual congregation or individual elders. Also other religions and their congregations. You cant sue over a JC or a DFing