Fair Game (Scientology) - Policy

Policy

In 1965 Hubbard formulated the "Fair Game Law", which states how to deal with people who interfere with Scientology's activities. These suppressive persons could be considered "fair game" for retaliation:

By FAIR GAME is meant, may not be further protected by the codes and disciplines or the rights of a Scientologist.

In December of that year, Hubbard reissued the policy with additional clarifications to define the scope of Fair Game. He made it clear that the policy applied to non-Scientologists as well, declaring:

The homes, property, places and abodes of persons who have been active in attempting to: suppress Scientology or Scientologists are all beyond any protection of Scientology Ethics, unless absolved by later Ethics or an amnesty ... this Policy Letter extends to suppressive non-Scientology wives and husbands and parents, or other family members or hostile groups or even close friends.

In his Introduction to Scientology Ethics, published in 1968, Hubbard wrote that no Scientologist could be punished "for any action taken against a Suppressive Person or Group during the period that person or group is 'fair game'." He made it clear elsewhere in his writings that the policy would be applied to external organizations, including governments, that interfered with Scientology's activities. He told Scientologists:

If the Internal Revenue Service (in refusing the FCDC non-profit status) continues to act up or if the FDA does sue we can of course Comm Ev them and if found guilty, label and publish them as a Suppressive Group and fair game ... one is fair game until he or she declares against us.

In a 1967 policy titled Penalties for Lower Conditions, Hubbard wrote that opponents who are "fair game" may be "deprived of property or injured by any means by any Scientologist without any discipline of the Scientologist. May be tricked, sued or lied to or destroyed."

In a policy letter dated July 21, 1968, Hubbard explicitly cancelled these penalties. The new list of Penalties for Lower Conditions now said that someone in a condition of Enemy "(m)ay be restrained or imprisoned. May not be protected by any rules or laws of the group he sought to injure . May not be trained or processed or admitted to any ." The same list says that in a condition of Treason, a person, "May not be protected by the rights and fair practices he sought to destroy for others. May be retrained or debarred. Not covered by amnesties." Another policy letter from October that year announces:

"The practice of declaring people FAIR GAME will cease. FAIR GAME may not appear on any Ethics Order. It causes bad public relations. This does not cancel any policy on the treatment or handling of an SP."

The church has maintained that the Fair Game policy was rescinded in 1968, because people had misinterpreted it. Spokesmen said that Hubbard's intended meaning was merely that former members could not appeal to Scientology's legal system for support or protection against anyone who might try to trick, sue or destroy them. Sociologist Roy Wallis commented that this interpretation seemed to be "contradicted by the words on the page, and by actions taken against those regarded as enemies of the movement."

The Church continued to pursue an aggressive response to external critics, especially the US Government. The doctrine of "Fair Game" was a central element of the Guardian's Office's operational policies. The original 1965 "Fair Game Law" is listed as a reference for GO staff in its confidential Intelligence Course, which was later entered into evidence in a US Federal court case in 1979. During the case Church lawyers admitted that "Fair Game" had been practiced long after its supposed cancellation in 1968.

Hubbard said in a 1976 affidavit that he had never intended to authorize harassment:

There was never any attempt or intent on my part by the writing of these policies (or any others for that fact), to authorise illegal or harassment type acts against anyone. As soon as it became apparent to me that the concept of 'Fair Game' as described above was being misinterpreted by the uninformed, to mean the granting of a license to Scientologists for acts in violation of the law and/or other standards of decency, these policies were cancelled.

As revised in 1991, Scientology's policy on the handling of "suppressive persons" states:

Nothing in this policy letter shall ever or under any circumstances justify any violation of the laws of the land or intentional legal wrongs. Any such offense shall subject the offender to penalties prescribed by law as well as to ethics and justice actions.