Keith Henson - Scientology

Scientology

Henson has become one of the focal points of the ongoing struggle between the Church of Scientology and its critics, often referred to as Scientology versus the Internet. Henson entered the Scientology conflict when it was at its most heated, in the mid-1990s. In 1996, many of Scientology's secret writings were released onto the Internet, and the Church of Scientology embarked on a massive worldwide campaign to keep them from being spread to the general public. Henson examined these writings, entitled New Era Dianetics (NOTS), and from his examination of these secret documents, claimed that Scientology was committing medical fraud. The NOTS documents, he said, contained detailed instructions for the treatment of physical ailments and illnesses through the use of Scientology practices. A Supreme Court decision in 1971 had declared that Scientology's writings were meant for "purely spiritual" purposes, and all Scientology books published since then have included disclaimers stating that Scientology's E-meter device "does nothing" and does not cure any physical ailments. The NOTS procedures, Henson claimed, were a violation of this decision. To prove his claim, Henson posted two pages from the NOTS documents onto the Usenet newsgroup alt.religion.scientology.

The Church of Scientology immediately initiated legal action, but Henson did not retract his claims. He was served with a lawsuit by the church's legal arm, the Religious Technology Center, (RTC). Henson defended himself. After a lengthy court battle involving massive amounts of paperwork, Henson was found guilty of copyright infringement. He was ordered to pay $75,000 in fines. Henson declared bankruptcy in response to the judgment. Henson began protesting Scientology regularly, standing outside of Scientology's Gold Base, with a picket sign. The organization sought to obtain a restraining order, which failed.

As a result of this conflict, Henson was charged with three misdemeanors under California Law: making criminal threats (California Penal Code section 422), attempting to make criminal threats (California Penal Code section 422, charged pursuant to Penal Code 664, the "general attempt" statute), and threatening to interfere with freedom to enjoy a constitutional privilege. Sheriff’s Detective Tony Greer, Riverside County lead investigator, said: "In reviewing all of the Internet postings I did not see any direct threat of violence towards the church or any personnel of the church."

The jury verdict of the trial resulted in Henson being convicted of one of the three charges: "interfering with a religion." This misdemeanor charge carried a prison term of six months. On the other two charges, the jury did not agree. Ken Hoden, the general manager of Golden Era Productions (the Church of Scientology's film production facility), claimed that Scientology's allegations against Henson had nothing to do with Scientology's Fair Game policy, and that no such policy existed.

Henson stated his belief that if he went to prison, his life would be placed in jeopardy. Rather than serve his sentence, Henson chose to enter Canada and apply for political asylum. Henson lived quietly in Brantford for three years while he awaited the decision. His request was ultimately denied and, in 2005, he was ordered to present himself for deportation and transfer to US authorities. Instead, Henson fled to the United States and later presented himself to the Canadian consulate in Detroit. He then settled in Prescott, Arizona where he remained for two years until his arrest in 2007 by Arizona authorities.

The Electronic Frontier Foundation, as well as Henson's supporters on the USENET newsgroup alt.religion.scientology, say that his trial was biased, unfair and a mockery of justice. Henson was prohibited by the trial judge, for example, from arguing that copying documents for the purpose of criticism is fair use. Henson's location as of February 3, 2007 was the Yavapai Detention Center in Prescott, Arizona, awaiting possible extradition to Riverside County, California. At the "initial appearance" hearing on February 5, 2007, Henson stated through counsel that he was fighting extradition and requested release.

Judge Lindberg set a court date for March 5, 2007 in the Prescott Justice Court, and fixed the security for release at $7,500 cash or bond, with standard conditions. Henson's release on bond was secured. In spite of these distractions, Henson finished a space elevator presentation for a European Space Agency conference. The paper was presented by proxy on February 28, 2007.

The extradition hearing for Henson was postponed to May 8, 2007, at the request of Henson's attorney and the County attorney. At his release from jail, Henson was handed paper work from Riverside County, including a warrant from September 15, 2000. At the May 8, 2007 hearing, Henson was presented with an arrest warrant, and returned to jail. In 2007, Henson was jailed in Riverside, California for "using threats of force to interfere with another's exercise of civil rights". He was released in early September 2007.