Freedom

Páginas: 35 (8583 palabras) Publicado: 27 de octubre de 2011
Record: 1
Title:
Cult/brainwashing cases and freedom of religion.
Authors:
Richardson, James T.
Source:
Journal of Church & State; Winter91, Vol. 33 Issue 1, p55, 20p
Article
s:
BRAINWASHING
FREEDOM of religion
UNITED States
ct:
Focuses on the use of cult/brainwashing allegations in civil cases filed in American courts. Implications on freedom of religious expression; Proponentsof religious freedom; Overview of the George v. ISKCON cult brainwashing case.
Ful
Databa
CULT/BRAINWASHING CASES AND FREEDOM OF RELIGION
"Cult cases" have attracted considerable attention from the legal profession, scholars in several disciplines, the media, and the general public in recent years, as different types of legal action have been initiated involving new religions-- popularlycalled cults--as parties. Hundreds of "cult cases" have been filed in courts around the country, concerning issues as varied as solicitation ordinances, tax status of such groups, zoning regulations, and violations of labor laws. Several "cult cases" have reached the United States Supreme Court.(n1)
A specific "cult" case which deserves special attention might be called the "cult/brainwashing" case.This involves cases which allege that a person has been "brainwashed" into joining a group and participating in activities in which the person otherwise would not join, except for the alleged brainwashing and subsequent "mind control." Such allegations have been made as part of a defense for false imprisonment claims in civil cases (or for criminal charges of kidnapping) sometimes made againstparents of participants or their agents, the deprogrammers(n2) Brainwashing allegations are sometimes a part of conservatorship cases in which parents are seeking control of children who have joined so-called cults, even though the children may be of age.(n3)
The most successful use of brainwashing/mind control allegations has been by disaffected ex-members suing their former membership group orgroup leaders for false imprisonment, intentional infliction of emotional distress, or other torts. Such suits may have been filed alleging ordinary, traditional torts, but these are actually "stalking horses" for what is in effect a newly developing tort-- "brainwashing," "thought reform," or "coercive persuasion."(n4)
Considerable success has derived from the use of brainwashing theories in civilcases; several multi-million dollar verdicts have been awarded to plaintiffs.(n5) This success seems based in major part on expert psychological testimony that brainwashing, thought reform, or coercive persuasion is practiced on participants in cults. Recruitment practices of a group may be likened to resocialization efforts in Korean prisoner of war camps or Chinese Communist efforts at thoughtreform of citizens after the Chinese Communists took over in 1949. More recent versions of the brainwashing argument have been offered that equate psychological coercion allegedly practiced in new religious groups to these earlier physically coercive methods.(n6)
This type of testimony is of concern for a number of reasons. Proponents of freedom of religious expression claim that religious freedomis jeopardized by such testimony; freely chosen beliefs and practices may be disallowed by accusations that participants were tricked into participating. Some sociologists and others believe that social change may be stifled by efforts to control or stamp out exotic religions, through the use of brainwashing-based tort actions. Legal theorists are concerned about the legal system whenindividuals, for whatever reason, may be defined as not responsible for their actions. The brainwashing-based "diminished capacity" perspective being developed in cult cases has important implications for the criminal area as well, since individual responsibility is the cornerstone of criminal law in this country.(n7)
Expert testimony supporting brainwashing theories of recruitment has also upset many...
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