Tom Theo Klemesrud - Writ of Seizure and Scientology

Writ of Seizure and Scientology

Klemesrud was included in a Writ of Seizure along with Dennis Erlich and Netcom, although never raided. Judge Ronald M. Whyte of the Northern District of California later rescinded the Writ in this case. It has generally been agreed that this sort of seizure is unconstitutional. Judge Whyte in his motion permitted fair use Internet posting, which has been the precedence of judges through the history of Scientology's accusations of copyright infringements about their so-called "confidential materials." In a subsequent raid in 1995, Scientology requested a Writ of Seizure to raid the house of ex-member Arnaldo Lerma because of his posting confidential materials, including the Xenu story to the newsgroup alt.religion.scientology. Judge Leonie Brinkema of the Eastern District of Virginia crossed out language in this particular Writ, which disallowed Scientology to freely enjoin other parties for search and seizure at their discretion. Critics agree that this is a manner in which Scientology practices Fair Game - a policy used to harass, threaten or silence individuals who try to make fair use of so-called "Scientology scripture." (See Scientology versus the Internet).

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