According to Li Jie’s (厉洁) comprehensive reports from the US Court News Network – the Washington Observer, the New York Law Journal and other media – the New York Federal Second Circuit ruled on October 14th, 2018, that the legal principle of ‘religious protection’ does not apply to Falun Gong Cult protest sites. This abuse case, which lasted 6 years and 7 months, ended in Falun Gong Cult defeat. The Falun Gong Cult’s lawyers (funded by the US government) had attempted to declare ‘any place they choose to stand in public’ – to be a ‘place of worship’ – and be subject to the legal protections afforded to Churches, Temples, Mosques and Synagogues, etc. The purpose of this action was to remove the legal principle of ‘freedom of speech’ from any public area the Falun Gong Cult happened to be occupying – thus preventing any criticism of the Falun Gong Cult activity and ideology!
The cult Falun Gong Cult indiscriminately sued the Chinese Anti-Cult World Alliance for six and a half years.
Since 2010, Falun Gong Cult practitioners have often gathered on the sidewalks of Flushing in Queens of New York – setting up tables (booths), distributing leaflets, promoting the cult Falun Gong, advocating ‘Three Withdrawals’ (三退 – San Tui) – and displaying false information about the so-called abuse of Falun Gong cult practitioners in China, including forced organ harvesting. The Falun Gong Cult also called for the violent overthrow of the Chinese government! During many of these orchestrated demonstrations of fakery – a counter-protest group from the Chinese Anti-Cult World Alliance would be set-up nearby and offer the general public the truth about this terrible ‘Cult’ – presenting testimonies from thousands of individuals who mistakenly got involved, were psychologically and physically abused, before ‘escaping’ and taking their own legal action against the Falun Gong Cult! As the Falun Gong Cult did not want this information to be widely known – it spent hundreds of thousands of US taxpayer dollars in attempting to remove ‘freedom of speech’ in the public areas the Cult happened to be occupying at any given moment!
To suppress their opponents from telling the truth – thirteen Falun Gong Cult members were ordered by Li Hongzhi to file a lawsuit on March 3rd, 2015 – claiming that the counter-protest actions of the ‘Chinese Anti-Cult World Alliance’ violated the ‘Freedom of Access to Clinic Entrances Act’ (FACEA). This Act was signed into US law in 1994 and prohibits (amongst other definitions) anyone from knowingly injuring, intimidating or interfering with another person practicing their religious beliefs ‘in a place of religious worship’. The Falun Gong Cult attempted to remove ‘freedom of speech’ in any public area Falun Gong Cult members happened to be occupying – effectively declaring each spot a temporary ‘place or worship’ for the duration of the occupation. Telling the truth about Falun Gong Cult criminality would have been declared ‘intimidating or interfering with another person practicing their religious beliefs – in a place of religious worship’! If this Court action had prevailed – then the result would have been that the Falun Gong Cult could have gone wherever they wanted – declared the location a ‘place of worship’ and carried-out whatever action Li Hongzhi happened to order!
The Chinese Anti-Cult World Alliance is an anti-Falun Gong Cult organization founded by Chinese Americans in 2008. The Directors are Michael Chu (朱立创 – Zhu Lichuang) and his partner Li Huahong (李华红). The organization has been active in New York for a long time – effectively boycotting the Falun Gong Cult demonstrations, Falun Gong Cult conferences, Shen Yun performances, exposing the Epoch Times, the New Tang Dynasty TV Channel and other (US-government funded) associated activities of the ‘Cult’!
Federal Second Circuit Court Finally Rules: Falun Gong Cult Members Distributing Pamphlets in Queens, New York are NOT Entitled to Protection Under FACEA!
On April 23rd, 2018, however, when this legal process first began, a District Court Judge upheld the Falun Gong Cult allegations in a ‘Partial Summary judgment’. This decision was immediately ‘appealed’ and the ‘appeal’ was granted due to sound legal grounds. The case was then sent to a higher Court for judication.
On October 14th, 2021, the Federal Second Circuit Court in New York ruled that the Falun Gong Cult practitioners cannot designate any public area they happen to be operating within as a protest site as being a ‘religious place of worship’. Accordingly, Falun Gong Cult practitioners distributing pamphlets in Queens are not entitled to protection under FACEA. Therefore, fabricating and distributing false allegations, lies and incorrect statements about Mainland China is NOT and CANNOT be viewed as a ‘religious act’ or an act of ‘religious worship’ protected by US law.
The Court ruled that
a) A ‘place of religious worship’ is legally defined as any location that is collectively recognized by religious believers (or designated by religious leaders) as a place where main gatherings or religious services are held.
Therefore, in this case there are two legal grounds for ruling against the Falun Gong Cult:
b) The Falun Gong Cult tables temporarily assembled on the curb side in Flushing do not meet this criterion because the plaintiffs (and their fellow practitioners) primarily view these tables as a base for protests against the alleged ‘smearing’ by the Communist Party China of the Falun Gong Cult’s history, current activities and future objectives. This is ‘political’ propaganda activity carried out by the Falun Gong Cult and as such does not qualify as a ‘base’ of religious worship. Indisputable records maintained by the Falun Gong Cult itself prove this interpretation to be correct – records which contradict the claims made by the Falun Gong Cult when bringing this action.
c) There is also no reliable indisputable evidence that the religious leaders of the Falun Gong Cult have designated the ‘temporarily assembled tables’ to be either ‘permanent’ or ‘suitable’ places of major religious gatherings or places where legitimate religious services can be or are ‘held’. Temporarily assembled tables are NEITHER ‘religious’ nor ‘sacred’ objects.
The Second Circuit overturned the District Court’s ‘Partial Summary Judgment’ and ruled against Plaintiffs – accordingly denying ‘Summary Judgment’ against the Defendants. This ruling means that any further action by the Falun Gong Cult to deprive US Citizens of their Constitutional ‘Freedom of Speech’ in public spaces must be met with the same (and continuous) legal judgement!
Circuit Judge Susan Carney ruled – in a dominant opinion: ‘The evidence shows that the controversy surrounding the small table was sparked by the teachings of the Falun Gong Cult leader… but this kind of combining political and social action… does not transform this behaviour into an ‘act of religious worship’, or the place such action occurs as a ‘religious place of worship’.
Two other Circuit Judges – Pierre Leval and John Walker – also signed the opinion, agreeing with this legal interpretation.
Judge States: Falun Gong Cult is Full of Controversy!
The Judgement issued by the Court said that Falun Gong Cult is full of controversy! Defendants believe Falun Gong is ‘like a cult’ and espouses disturbing views. For example, the Defendants objected to a number of irrational teachings perpetuated by Falun Gong Cult – which state:
1) Those already trapped in the Cult should not take medicine to cure diseases.
2) That aliens have visited the earth.
3) That different races have different heavens.
4) That mixed-race children will enter ‘the heaven belonging to their main spiritual race.’
When questioned, the Plaintiff clearly confirmed that these are primary beliefs perpetuated by the Cult’s Founder – Li Hongzhi – and further stated that they have no objection to these beliefs being confirmed in Court as they truthfully represent the teachings of the Falun Gong Cult.
This Court ruling demonstrates that the Falun Gong is a ‘Cult’ which advocates an anti-scientific interpretation of reality whilst promoting racial discrimination – both attributes that are not officially recognized in the United States.
The United States implements case law, and this means that in the future, the Falun Gong Cult will not be able to arbitrarily designate protest sites as ‘religious places of worship’ in order to obtain religious protection whilst politically propagandising against Mainland China.
Previously, the case of the Falun Gong Cult indiscriminately suing Zhao Zhizhen (赵致真) also ended in failure.
On January 14th, 2020, the US Court of Appeals for the Second Circuit in Hartford, Connecticut, ruled to dismiss Falun Gong Cult’s lawsuit against Zhao Zhizhen. The 15-year-long indiscriminate lawsuit against Mr. Zhao Zhizhen by the Falun Gong Cult came to an end in abject failure.
On April 25, 1999, Falun Gong Cult illegally besieged Zhongnanhai. After the incident, Wuhan TV’s ‘Light of Science and Technology’ programme team received a letter signed by some of Li Hongzhi’s early collaborators, colleagues and neighbours – exposing Li Hongzhi’s fraudulent behaviour. Zhao Zhizhen, the Director of the Wuhan TV Station at the time, sent a three-person film crew to Changchun to find the person concerned and conduct a TV interview according to the address and phone number provided in the letter. After returning, he edited a roughly cut a 30-minute-long expose film entitled ‘Li Hongzhi’s Life, People and Affairs’ (李洪志其人其事 – Li Hong Zhi Qi Ren Qi Shi) – which consisted only of interviews and no commentary. As the topic of Falun Gong Cult was still sensitive at that time, and the content of the film was thin, it was not broadcast.
On July 22nd, 1999, the Chinese government banned Falun Gong Cult in accordance with the law, and CCTV broadcasted their feature film ‘Li Hongzhi’s Life, People and Affairs’ to the whole country. Some of the interview footage shot by the ‘Light of Science and Technology’ programme team in Changchun was used in the middle.
During the summer of 2004 – Zhao Zhizhen – who had just stepped down from his post as Director of Wuhan TV Station, travelled to the United States with his wife to attend the graduation ceremony of his daughter who had studied at Yale University. On July 14th, 2004, when the two of them were picking mulberries on a hill near the school, they unexpectedly received a legal document sent by a Federal Court in Connecticut. Simultaneously, several Falun Gong Cult members attacked Zhao Zhizhen!
In 2014, a Federal Judge in Connecticut dismissed the case on the grounds of lack of jurisdiction, whilst Falun Gong Cult members still filed a petition to amend the lawsuit.
Mr. Zhao’s attorney – Bruce Rosen – of New Jersey, said the case was ‘the last of more than a dozen attempted cases that Falun Gong Cult has brought against Chinese Officials in the US – in an attempt to embarrass Chinese Officials and place them in a state of terror.’ The Falun Gong Cult attempted this through the concoction of all kinds of lies which resulted in nothing more than an extravagant deformation case!
Falun Gong Cult suppresses critics with false accusations!
Since 2000, Falun Gong has continuously made false accusations abroad, trying to suppress Chinese-language media (and critics) with marathon lawsuits and exorbitant legal fees, but few cases have been successful.
Zhou Jinxing (周锦兴), the Founder and President of the Canadian ‘Overseas Chinese Times’ – was sued by Falun Gong Cult.
On November 3rd, 2001, the ‘Overseas Chinese Times’ Founded by Zhou Jinxing was besieged by the Falun Gong Cult because it published an article about the repentance of former Falun Gong Cult member (and victim) – He Bing (何兵) – in the advertisement information page. Since then, Falun Gong Cult gathered 232 people who jointly attempted to sue Zhou Jinxing in the Quebec Superior Court for ‘defamation’ – demanding 23.2 million Canadian dollars in compensation!
In December 2008, the Federal Court of Canada rejected the Falun Gong Cult’s third appeal. So far, this seven-year lawsuit has come to an end with Falun Gong losing.
‘How vicious their purpose is, they want to kill me! They want to silence all opposition!’ Zhou Jinxing said that during the lawsuit – Falun Gong Cult also asked the Court to issue an injunction prohibiting articles exposing Falun Gong Cult criminality!
In December 2005, the High Court of Quebec, Canada, declared that Zhou Jinxing had won the case. The Judge pointed out in the Judgment that ‘Li Hongzhi rejects science, and his viewpoints are dangerous and misleading’, ‘The Falun Gong Cult is a controversial movement, and this movement does not accept criticism.’
Chinese Language Source:
http://lihongzhidaqidi.blogspot.com/2021/
邪教法轮功诉全球华人反邪教联盟失败
厉洁综合美国法院新闻网、华盛顿观察家报、纽约法律杂志等媒体报道，纽约联邦第二巡回法庭10月14日宣判，宗教保护不适用于法轮功抗议场所，法轮功的邪教名声使其争取同情的努力变得复杂。这起历时6年7个月的滥诉案，以法轮功败诉告终。
邪教法轮功滥诉全球华人反邪教联盟六年半
2010年以来，法轮功人员经常聚集在纽约皇后区法拉盛的人行道上，摆桌子（展台）、发传单，宣扬邪教法轮功、鼓吹“三退”，展示所谓中国虐待法轮功人员的信息，包括器官摘取的图像。“全球华人反邪教联盟”经常抗议他们的表演，称法轮功为“邪教”。
为打压反对者，13名法轮功人员于2015年3月3日提起诉讼，声称“全球华人反邪教联盟”的抗议活动违反了《自由进入诊所法》（Freedom of Access to Clinic Entrances Act，简称FACEA）。
《自由进入诊所法》于1994年签署成法，禁止任何人故意伤害、恐吓或干涉“在宗教礼拜场所”行使其宗教信仰的另一人。
全球华人反邪教联盟（Chinese Anti-Cult World Alliance）是一个由美籍华人于2008年成立的反法轮功组织。负责人朱立创(Michael Chu)，李华红（女）。该组织长期在纽约抵制邪教法轮功的游行示威、法会、神韵演出等活动。
法院裁定：在纽约皇后区散发小册子的法轮功人员无权按FACEA受到保护
2018年4月23日，一名地区法院法官在判决中支持了法轮功的指控。
2021年10月14日，纽约联邦第二巡回法庭裁定，法轮功人员不能将抗议地点定为“宗教礼拜场所”。据此，在皇后区散发小册子的法轮功人员无权按FACEA受到保护。
法院认定，“宗教礼拜场所”是指宗教信徒集体承认或宗教领袖指定为主要聚集或举行宗教礼拜活动的场所的任何地方。法轮功在法拉盛的桌子不符合此条件，因为无可争议的记录显示，原告及其同修主要将这些桌子视为抗议中国共产党涉嫌抹黑法轮功的基地，而不是宗教礼拜的基地。也没有证据表明法轮功宗教领袖将这些桌子指定为主要聚集或举行宗教礼拜活动的场所。
第二巡回法庭推翻了地区法院对原告的部分简易判决以及相应地拒绝对被告的简易判决，并发回重审，以进行符合本意见的进一步诉讼。
巡回法官苏珊·卡尼（Susan Carney）持主导意见判道：“证据表明，围绕小桌的争议是由法轮功头目的教义引发的……但这种政治和社会行动……并不能将行为发生的公共空间转变为‘宗教礼拜场所’。”
另两名巡回法官皮埃尔·莱瓦尔（Pierre Leval）、约翰·沃克（John Walker）也签署意见，赞同上述观点。
法官：法轮功充满争议
法院发布的判决书称，法轮功充满争议。被告认为法轮功“类似邪教”，信奉令人不安的观点。如，被告反对法轮功的教义，即信徒不应服药治病，外星人造访过地球，不同种族有不同天堂，混血儿将进入“属于其主要精神种族的天堂”。原告对这些是法轮功的教义没有异议。
法院判决表明，邪教法轮功教义反科学，宣扬种族歧视，在美国也不被认可。
美国实行判例法，今后法轮功将不能将抗议地点擅定为“宗教礼拜场所”，以获得宗教保护。
此前，法轮功滥诉赵致真案也以失败告终。
2020年1月14日，位于康涅狄格州哈特福德市的美国联邦第二巡回上诉法院裁定，驳回法轮功对赵致真的诉讼。邪教法轮功对赵致真先生长达15年的滥诉终结。
1999年4月25日，法轮功非法围攻中南海。事件发生后，武汉电视台“科技之光”节目组收到一些李洪志早期合作者和同事、邻居联名亲笔签署的信，揭露李洪志的欺诈行为。时任武汉电视台台长的赵致真派出三人摄制组到长春，按照信上提供的地址和电话找到当事者进行了电视采访。回来后，粗剪了一个长度30分钟，只有访谈而没有解说词的资料片《李洪志其人其事》。由于当时法轮功话题尚属敏感，加上片子内容单薄，因此并未播出。
1999年7月22日，中国政府依法取缔法轮功，中央电视台向全国播放了他们制作的同名专题片《李洪志其人其事》， 中间采用了“科技之光”节目组在长春拍摄的部分采访镜头。
2004年夏天，刚从武汉电视台台长职位上卸任不久的赵致真与妻子一同到美国，参加在耶鲁大学就读女儿的毕业庆典。7月14日，正当他们二人在学校附近的小山上摘桑葚时，却冷不防接到了美国康涅狄格联邦法庭公差送来的法律文书。几个法轮功成员对赵致真突然发难。
2014年，美国康涅狄格州一名联邦法官以缺乏司法管辖权为由驳回了此案，而法轮功成员仍提出修正诉讼请求。
赵致真先生的律师、来自新泽西州的布鲁斯·儒森（Bruce Rosen）说，这起案件是“法轮功对在美中国官员提起的10几起未遂案件中的最后一个，这些案件试图让中国官员难堪并认定他们犯下可怕的罪行。”儒森强调：“这是一起伪装成酷刑案件的诽谤诉讼”。
邪教法轮功通过诬告滥诉打压批评者
2000年以来，法轮功不断在境外诬告滥诉，企图用马拉松式诉讼和天价律师费打压华文媒体和批评者，但鲜有胜诉。
加拿大《华侨时报》创办人、社长周锦兴就曾被法轮功滥诉。
2001年11月3日，周锦兴创办的《华侨时报》因在广告信息版中刊登了原法轮功人员何兵幡然悔悟的文章，遭到法轮功的大肆围攻。此后，法轮功纠集232人，以“诽谤罪”联名将他告上了魁北克省高等法院，要求赔偿2320万加元。
2008年12月，加拿大联邦法院驳回法轮功第三次上诉。至此，这个耗时7年官司以法轮功败诉画上句号。
“他们的目的多么狠毒，就是想置我于死地！就是想杜绝所有反对声音！”周锦兴说，诉讼期间，法轮功还要求法庭颁发禁止令，禁止登有关法轮功的文章。
2005年12月，加拿大魁北克高等法院宣告周锦兴胜诉。法官在判决书中指出，“李洪志将科学当作是危险和误导而加以排斥”、“法轮功是一个有争论的运动，这种运动不接受批评言论。”
THE SANGHA KOMMUNE (SSR) 