Appeals Court Rules Against FDA's Seizure of E-Meters From Scientology Church Hot

Appeals Court Rules Against FDA's Seizure of E-Meters From Scientology Church

L. Ron Hubbard with an E-Meter in 1959

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The U.S. Court of Appeals rules against the FDA's seizure of E-meters from the Church of Scientology. The FDA had alleged that Scientology leaders were making false claims about the health benefits of the E-meters, and this determination had been upheld in a jury trial.

According to the Court of Appeals, Scientology argues that it is a religion; since the government doesn't contest this, the raid on Scientology headquarters was unconstitutional and the E-meters should be classified as religious devices.

Judge J. Skelly Wright says in the majority opinion: "Literature setting forth religious doctrines ... cannot be subjected to courtroom evaluation" or regulated as "labeling."

"In their view, auditing or processing is a central practice of their religion, akin to confession in the Catholic church, and hence entirely exempt from regulation or prohibition.

They have conceded that the E-meter is of no use in the diagnosis or treatment of diseases as such, and have argued that it was never put forward as having such use.

Auditing or processing, in their view, treats the spirit of man, not his body, through the healing of the spirit the body can be affected."

Judge Carl McGowan writes in his dissent that:

"This proceeding did not involve an inquisition into the validity of any personal religious beliefs, or the infliction of a punishment upon any person for holding or disseminating such beliefs.

It was a proceeding against property under a Congressional statute aimed a protecting the unsophisticated against not only wasting their money but more importantly, endangering their lives by relying on misbranded machines."

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E-Meter is Scientology Fraud

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