The Baha'i Faith & Religious Freedom of Conscience

 

Opinion of US 7th Circuit Court of Appeals, Case No. 08-2306 - November 23, 2010
http://www.fglaysher.com/bahaicensorship/US_7th_Circuit_Court_of_Appeals_11-23-2010.html

Baha'i Faith & 7th Circuit Court of Appeals
http://bahaifaith7thcircuitcourtofappeals.blogspot.com


Judge: Baha'i believers can call themselves Baha'i Chicago BreakingNews November 23, 2010.
Federal appeals court rules in favor of splinter Baha'i group Orthodox believers can keep calling themselves Baha'i, court says. November 25, 2010 By Manya A. Brachear, Chicago Tribune reporter. Now here on ChicagoTribune.com.
Full link available on The Chicago Tribune at
http://articles.chicagotribune.com/2010-11-25/news/ct-met-bahai-decision-20101125_1_baha-u-llah-baha-i-community-shoghi-effendi


7th Circuit Court of Appeals Judges hammer NSA's attorney February 20, 2009 (3 minute MP3 from the court website)
Judge Diane S. Sykes: "Clearly raises some constitutional concerns."
http://www.fglaysher.com/bahaicensorship/USCourt_Appeals09.htm


7th Cir: Public online 08-2306 case documents as PDF and oral argument MP3 
Opinion in case# 08-2306, Judge Sykes
:
"When a district judge takes  sides in a religious schism, purports to decide matters of spiritual succession, and excludes dissenters from using the  name, symbols, and marks of the faith (as distinct from the name and marks of a church) [boldface added], the First Amendment line  appears to have been crossed." If the document you are looking for is not in this system, keep in mind that most documents for 2008 and later cases are now located in the CMECF system. Alternatively, the server seems to do down a lot; try back another time.
http://www.ca7.uscourts.gov/fdocs/docs.fwx?caseno=08-2306&submit=showdkt&yr=08&num=2306

If link dead, try Public Access to Oral Argument recordings
http://media.ca7.uscourts.gov/oralArguments/oar.jsp?caseyear=08&casenumber=2306&listCase=List+case%28s%29

http://media.ca7.uscourts.gov/sound/2009/migrated.orig.08-2306_02_20_2009.mp3

Public Access to Opinions and Unpublished Orders
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Time=any&FromMonth=&FromDay=&FromYear=&ToMonth=&ToDay=&ToYear=&Author=any&AuthorName=&Case=any&CaseY1=0&CaseY2=8&CaseN1=2&CaseN2=3&CaseN3=0&CaseN4=6&Submit=Submit&RssJudgeName=Easterbrook

Or download the written Opinion as a PDF from this website by clicking here:
http://www.fglaysher.com/bahaicensorship/archives/US_Court_of_Appeals_7th_District_11-23-2010.pdf

Oral Argument, not available above at the Court website, may be listened to here: http://www.fglaysher.com/bahaicensorship/USCourt_Appeals09.htm

From Judge Sykes' Opinion:

p 7: False finding of "fact" by Judge Austin in 1966 

p 13: "...civil authorities may not make judgments about religious controversies when deciding church property disputes.  Kedroff, 344 U.S. at 116. (The church-autonomy principle recognized in Watson “must now be said to have federal  constitutional protection as a part of the free exercise of religion against state interference.”)." 
  "Building on Kedroff, the Supreme Court held in Presbyterian Church that “the First Amendment severely circumscribes  the role that civil courts may play in resolving church property disputes.” 

p 14-15: "Considered in light of these First Amendment limitations on the court’s authority, certain aspects of the 1966  injunction are troubling. The decree declares that “there is only one Baha’i Faith,” that Shoghi Effendi was its last Guardian and none has come since, and the National Spiritual  Assembly was its representative and “highest authority” in the United States and was “entitled to exclusive use of the  marks  and symbols of the Faith,” including the exclusive use of the word “Bahá’í.” Declarations of this sort push the  boundaries of the court’s authority under Kedroff and Presbyterian Church. In church property disputes (trademark suits  obviously qualify), the First Amendment limits the sphere in which civil courts may operate. When a district judge takes  sides in a religious schism, purports to decide matters of spiritual succession, and excludes dissenters from using the  name, symbols, and marks of the faith (as distinct from the name and marks of a church) [boldface added], the First Amendment line  appears to have been crossed." 

p 17: "’It is a principle of general application in Anglo-American jurisprudence that one is not bound by a judgment in personam in a litigation in which he is not designated as a party or to which he has not been  made a party by service of process.’ ”" 

p 20: The court expands on and concludes that the parties were simply not in privity with the 1966 flawed decision by  Judge Austin. 

 

NOTE WELL: "a church," i.e., the Court clearly states, as a matter of incontestable historical fact, that the Wilmette nsa merely constitutes one of many interpretations of the Baha'i Faith.

-----

The root of the problem with the Wilmette, Haifan interpretation of the Baha'u'llah's Teachings is that it leaves out Abdul-Baha's actual 1912 Authentic Covenant, substituting the spurious will and testament forged by Shoghi Effendi's family in 1921. 

The Bahai Faith can be Reformed but only by returning to the Interpretation clearly outlined by Abdul-Baha in Europe and America prior to his death. The evidence and record of his Interpretation has been preserved in the Star of the West for anyone willing to read with an independent mind, free of the decades of deception and brainwashing into blind belief administered by the Haifans. 


Selected Newspaper Articles

Ian RoeBuck commented on November 24, 2010 9:43 AM on chicagobreakingnews.com
"Actually after reading the decision, it did not "sidestep the issue of whether a religious organization can trademark its name or icons." It said 1. the original ruling was troubling because it was determining issues of sucession, and 2. because there is a difference between symbols and icons of a faith rather than a church. In other words one can trademark syumbol of hte Prevyterian church, one can not trade mark the symbol or name Christian or the cross as those are generic to the faith and not the church."

Federal appeals court rules in favor of splinter Baha'i group
(FULL TEXT on one page)
http://www.chicagobreakingnews.com/2010/11/federal-appeals-court-rules-in-favor-of-splinter-bahai-group.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+ChicagoBreakingNews+(Chicago+Breaking+News)

The Kansas City Star
Orthodox believers can keep calling themselves Baha'i, court rules
(FULL TEXT on one page)
http://www.kansascity.com/2010/11/25/2472247/orthodox-believers-can-keep-calling.html

Chicago Tribune: Orthodox believers can keep calling themselves Baha'i, court rules STILL AVAILABLE 4-14-2012
The Pew Forum on Religion & Public Life
http://pewforum.org/Religion-News/Chicago-Tribune-Orthodox-believers-can-keep-calling-themselves-Bahai-court-rules.aspx

Orthodox believers can keep calling themselves Baha'i, court rules
The News & Observer
http://www.newsobserver.com/2010/11/25/826913/orthodox-believers-can-keep-calling.html

Breaking: Judge Rules in Favor of Minority Bahá'í Sect STILL AVAILABLE 4-14-2012
http://wilmette.patch.com/articles/breaking-judge-rules-in-favor-of-minority-bahai-sect

7th Circuit: Baha'i Groups Not Bound By Old Trademark Injunction STILL AVAILABLE 4-14-2012
By Howard M. Friedman
http://religionclause.blogspot.com/2010/11/7th-circuit-bahai-groups-not-bound-by.html

India Times
http://oneclick.indiatimes.com/article/00XA8NY3JId9y

7th Circuit Rules for Splinter Baha'i Group STILL AVAILABLE 4-14-2012
By JOE CELENTINO
http://www.courthousenews.com/2010/11/29/32158.htm

Orthodox believers can keep calling themselves Baha'i, court rules
The Republic, Columbus, Indiana
http://www.therepublic.com/view/story/RELIG-BAHAI_3810181/RELIG-BAHAI_3810181/

Orthodox believers can keep calling themselves Baha'i, court rules
The State, South Carolina's largest newspaper
http://www.thestate.com/2010/11/25/1578536/orthodox-believers-can-keep-calling.html

The Herald, Rock Hill, S.C.
http://www.heraldonline.com/2010/11/25/2642982/orthodox-believers-can-keep-calling.html

Orthodox believers can keep calling themselves Baha'i, court rules
The Olympian
http://www.theolympian.com/2010/11/25/1452828/orthodox-believers-can-keep-calling.html

Orthodox believers can keep calling themselves Baha'i, court rules
http://www.kentucky.com/2010/11/25/1541060/orthodox-believers-can-keep-calling.html?mi_pluck_action=comment_submitted&qwxq=983279#Comments_Container

Federal appeals court rules in favor of splinter Baha'i group STILL AVAILABLE 4-14-2012
Orthodox believers can keep calling themselves Baha'i, court says.
November 25, 2010 By Manya A. Brachear, Chicago Tribune reporter
http://articles.chicagotribune.com/2010-11-25/news/ct-met-bahai-decision-20101125_1_baha-u-llah-baha-i-community-shoghi-effendi

EagleTribune.com STILL AVAILABLE 4-14-2012
http://www.eagletribune.com/worldnational/x1468309040/Orthodox-believers-can-call-themselves-Bahai

Orthodox believers can keep calling themselves Baha'i, court rules
http://dailyme.com/story/2010112500003716/orthodox-believers-calling-bahai-court-rules.html

Federal appeals court rules in favor of splinter Baha'i group
http://celebrifi.com/gossip/Federal-appeals-court-rules-in-favor-of-splinter-Bahai-group-4108827.html?fromComment=true

Court sides with splinter group STILL AVAILABLE 4-14-2012
http://missoulian.com/lifestyles/faith-and-values/religion/article_020fcce2-ff2c-11df-90e3-001cc4c002e0.html

Leagle STILL AVAILABLE 4-14-2012. TEXT of the Court's OPINION ***
http://www.leagle.com/xmlResult.aspx?xmldoc=In%20FCO%2020101123167.xml&docbase=CSLWAR3-2007-CURR

The News Tribune
http://www.thenewstribune.com/2010/11/25/1439701/orthodox-believers-can-keep-calling.html

Columbian remembers religious persecution in Iran STILL AVAILABLE 4-14-2012
http://www.columbiamissourian.com/stories/2009/02/06/local-optometrist-remembers-religious-persecution-iran/#c

Court of Appeals for the division of the Baha 'I Court Rules
http://www.dragonparadox.com/student-loans/studentloan-consolidatestudentloan-collegestudentloan-studentloandebt-federalstudentloanconsolidation/federal-agency-federal-ministry-of-the-court-of-appeals-for-the-division-of-the-baha-i-court-rules/comment-page-1/#comment-2078

2010 U.S. App. LEXIS NEXIS 24028 Full Case Display

http://caselaw.findlaw.com/us-7th-circuit/1545624.html STILL AVAILABLE 4-14-2012

http://www.ca7.uscourts.gov/tmp/3D1FFQRO.pdf

Orthodox Bahá'í Faith wins appeal before 7th Circuit Court of Appeals 
http://www.truebahai.com/court_case.html 

Key Employees Of Bound Entity Were Not So "Legally Identified" With Entity So As To Be Bound By Injunction STILL AVAILABLE 4-14-2012
http://www.intheiropinion.com/2010/12/articles/injunctive-relief/key-employees-of-bound-entity-were-not-so-legally-identified-with-entity-so-as-to-be-bound-by-injunction/

Orthodox believers can keep calling themselves Baha'i, court rules
http://www.tri-cityherald.com/2010/11/25/1266931/orthodox-believers-can-keep-calling.html


Comments posted to The Chicago Tribune Forum on one page:
http://www.fglaysher.com/bahaicensorship/Chicago_Tribune.html

Chicago Tribune. Baha'i rift. Baha'is upset with Orthodox Baha'i Faith. May 18, 2009
http://articles.chicagotribune.com/2009-05-18/news/0905170216_1_orthodox-communi\
ty-rift-jesus-and-muhammad


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