No prosecution for UK minor who called Scientology a 'cult'

May 24, 2008

The Crown Prosecution Service (CPS) of the government of the United Kingdom told the City of London Police on Friday that there will be no prosecution for a 15-year-old boy who called Scientology a "cult" at a May 10 peaceful protest. The City of London Police had previously confiscated the boy's protest placard and gave him a court summons at the demonstration, which took place near St Paul's Cathedral at the Church of Scientology's London headquarters on Queen Victoria Street. The boy's poster read: "Scientology is not a religion, it is a dangerous cult". The human rights organization Liberty has come out strongly against the City of London Police for their actions at the protest, and said they are pursuing an inquiry into the police force for what they say is a troubling freedom of speech issue.

Individuals from the group Anonymous have held monthly international protests against the Church of Scientology since February, as part of the anti-Scientology movement Project Chanology. The Project Chanology movement began when the Church of Scientology attempted to get a leaked Scientology promotional video featuring Tom Cruise removed from websites YouTube and Gawker.com.

Members of Anonymous were motivated by the actions of the Church of Scientology, and bombarded Scientology websites and were successful in taking some of them down. Anonymous later changed tactics towards legal measures, and held international protests against Scientology on February 10, March 15, April 12, and most recently May 10.

City of London Police approached the 15-year-old boy at the May 10 protest and cited section five of the Public Order Act 1986, which deals with "harassment, alarm or distress". In response, the boy cited a 1984 judgment given by Mr. Justice Latey in the Family Division of the High Court of Justice of Her Majesty's Courts of Justice of England and Wales, in which Latey called Scientology a "cult" and said it was "corrupt, sinister and dangerous". In the actual 1984 judgment made by Judge Latey, he stated: "Scientology is both immoral and socially obnoxious. [...] In my judgement it is corrupt, sinister and dangerous. [...] It is dangerous because it is out to capture people, especially children and impressionable young people, and indoctrinate and brainwash them so that they become the unquestioning captives and tools of the cult, withdrawn from ordinary thought, living and relationships with others." The boy told fellow protesters he was not going to take the sign down, saying: "If I don't take the word 'cult' down, here [holding up his sign], I will be either, I think, most likely arrested or [given] a summons. I am going to fight this and not take it down because I believe in freedom of speech, besides which I'm only fifteen."

When the boy refused to take his sign down, City of London Police removed it, cited him with a court summons and informed him that the matter would be referred to the Crown Prosecution Service. The boy was the only protester who did not comply with the police requests to remove signs which referred to Scientology as a "cult". According to The Guardian, a CPS spokesman stated Friday that: "In consultation with the City of London police, we were asked whether the sign, which read 'Scientology is not a religion it is a dangerous cult', was abusive or insulting. Our advice is that it is not abusive or insulting and there is no offensiveness, as opposed to criticism, neither in the idea expressed nor in the mode of expression. No action will be taken against the individual."

"The CPS review of the case includes advice on what action or behaviour at a demonstration might be considered to be threatening, abusive or insulting. The force's policing of future demonstrations will reflect this advice," said a spokeswoman for the City of London Police in a statement in The Guardian.

The 15-year-old boy's mother called the CPS decision a "victory for free speech", saying: "We're all incredibly proud of him. We advised him to take the placard down when we realised what was happening but he said 'No, it's my opinion and I have a right to express it'."

The incident has generated significant interest on the Internet, from civil rights groups and anti-cult groups, and in the press. Shami Chakrabarti, director of Liberty, and Ian Haworth of the United Kingdom-based Cult Information Centre were highly critical of the actions of the City of London Police. George Pitcher of The Daily Telegraph called the actions of the City of London Police "a mockery of the law". Other publications also criticized the actions of the police, compared the boy to past civil rights protesters, and analyzed how the characterization of "cult" applied to Scientology. The Guardian reported that human rights activists "were outraged" when reports of the actions of the City of London Police at the protest surfaced this week. Marina Hyde wrote in a comment piece in The Guardian that the City of London Police should spend a little less time "reaching for the collar of free-speaking children". An article in The Guardian about the boy's court summons hit the front page of the website Slashdot on Wednesday, and an article about the statement by CPS hit the site's front page on Friday. The anti-Scientology website Enturbulation.org devoted its front page to the incident on Saturday.

BBC News reported that attorneys for Liberty represented the 15-year-old boy to the CPS. In media statements Friday, Liberty said it would continue its inquiry into the actions of the City of London Police. "The police may have ended their inquiries into this tawdry incident but rest assured that Liberty's inquiry will continue. Democracy is all about clashing ideas and the police should protect peaceful protest, not stifle it," said James Welch, legal director at Liberty. "Reason has prevailed in the case of the anti-Scientology protester", wrote Welch in a comment piece in The Observer. According to The Press Association, Liberty's inquiry may result in actions taken against the City of London Police.

The City of London Police has faced controversy in the past for its close association with the Church of Scientology. When the City of London Scientology building opened in 2006, City of London Chief Superintendent Kevin Hurley praised Scientology in an appearance as guest speaker at the building's opening ceremony. Ken Stewart, another of the City of London's chief superintendents, has also appeared in a video praising Scientology. According to The Guardian over 20 officers for the City of London Police have accepted gifts from the Church of Scientology including tickets to film premieres, lunches and concerts at police premises.

Unlike the City of London Police, the Metropolitan Police Service (the territorial police force responsible for Greater London excluding the City of London) has not raised an issue with protesters using placards with similar wording at protests against Scientology, according to The Guardian and Londonist.

Each of the Project Chanology international protests against Scientology has had a theme: the February protest called attention to the birthday of Lisa McPherson, who died under controversial circumstances while under the care of Scientology, the March protest was arranged to take place two days after Scientology founder L. Ron Hubbard's birthday, the April protest highlighted the Church of Scientology's disconnection policy, and the May protest highlighted the Scientology practice of "Fair Game" and took place one day after the anniversary of the publication of Hubbard's book Dianetics: The Modern Science of Mental Health. Another international protest is planned for June 14, and will highlight the Church of Scientology's elite "Sea Organization" or "Sea Org".