Cultic Studies Journal, Vol. 8, No. 1, 1991, Page 42
Cults in Court
Sara Van Hoey
San Francisco, California
Abstract
Harms associated with cultic groups have been addressed through various
forms of self-help, conservatorship, habeas corpus proceedings, consumer
protection legislation, and litigation. First Amendment concerns loom large in
such remedies. This paper reviews three important instances of litigation:
Molko v. Holy Spirit Association, George v. International Society for Krishna
Consciousness, and Wollersheim v. Church of Scientology. These and other
cases indicate that self-proclaimed religious organizations are heading
towards a time of greater accountability. Juries tend to be sympathetic toward
plaintiffs, though courts seem unwilling to enforce judgments so large they
threaten a group‟s existence.
Cults in America are widely misunderstood by the general public. Many have become
mainstream and have gained a measure of wealth, respectability and security, if not
downright social legitimacy.1 Cults occasionally surface in the news: recently, Elizabeth
Clare Prophet‟s Church Universal and Triumphant sparked a bitter controversy when its
members dug multiple ground shelters under acres of Montana landscape to prepare for
“the end of the world.” The Los Angeles Times published a six-part expose of L. Ron
Hubbard‟s Church of Scientology in June, 1990 in the wake of recent cases against that
organization.
In the past, news coverage of the cult phenomenon often was limited to discoveries of
grossly aberrant, sensational or criminal activities, such as the People‟s Temple massacre in
Guyana. Much was written in the late seventies and early eighties about the dangers posed
to society by groups that abuse mind control techniques under the guise of religion, but
public attention in the late eighties shifted to other issues, particularly drug abuse and
AIDS.
The cult problem, however, is ongoing and ever-growing, and remains a threat to America‟s
young people. One anti-cult organization estimates that there are more than 2,500 cults
and other “destructive totalist” organizations now active in the United States, and these
groups control approximately six million members.2
Combating the cults presents its own problems. Those seeking to hold cults accountable for
their actions against individual members inevitably clash with the cults‟ assertion of their
fundamental right to religious liberty. The courts have tackled these competing interests in
several recent cases with results that may give hope to critics of cult groups. But the battles
are far from over.
Cults3 are coordinated programs that systematically apply undue influence and behavior
control techniques to produce in members substantial modification of fundamental modes of
thought, world view and conduct. Margaret Singer, a professor of psychology at the
University of California at Berkeley and San Francisco and an expert on the impact of cultic
influences on individual personality, defined cults as:
Groups with religious, political, psychologic, and other ideologies at their core,
which almost universally offer as their central theme a special, new psychological
awareness handed down by an indisputable and arbitrary authority that uses the
technique of thought reform.4
Cultic Studies Journal, Vol. 8, No. 1, 1991, Page 43
Ford Greene, a California attorney who has taken on the Moonies and defended
deprogrammers,5 offers a definition tailored from his experience:
A cult is an organization of people, often masquerading in the guise of religion,
members of which are unconditionally and indiscriminately obedient to the
commands of a single leader who claims to have an exclusive connection with
God or some other supra-human source o moral authority.6
The courts rely on Webster‟s Dictionary and the standard definition of “brainwashing” as
“the forcible indoctrination to induce someone to give up basic political, social or religious
beliefs and attitudes and to accept contrasting regimented ideas.”7 Greene‟s definition is
more specific:
Brainwashing is the application of specific and identifiable techniques that are
intended to, and do, undermine an individual‟s ability to reason and impair his
capacity to exercise an informed consent and replaces those functions with
indiscriminate and unconditional obedience to the commands of a single leader.8
The term first appeared in reports of the effects of communist indoctrination. Psychiatrist
Robert J. Lifton describes eight basic characteristics of brainwashing in his study of Chinese
totalitarian control:”Milieu Control, Mystical Manipulation, Demand for Purity, Cult of
Confession, Sacred Science, Loading of Language, Doctrine Over Person, and Dispensing of
Existence.9 These elements are accepted by cult experts as being applicable to modern
cults, and the Lifton model of brainwashing is currently used by attorneys pursuing cults in
formulating statements of fact and educating the court.10
Techniques and Casualties
The technology of coercive influence programs recently has developed far beyond what was
employed in the Soviet Union and China, in that the previous applications were for the
purpose of extracting confessions or effecting political reorientation.11 Experts claim the
programs developed within the last 15 years differ significantly in the scope and
sophistication of the influence tactics they employ.12 These differences are of particular
concern to individuals seeking remedies in tort for damages done to them by cults.
The newer programs attack a person‟s self-image, sense of reality and of existence, making
the individual feel personally defective. “Alter the self or perish” is the motto.13 Once
fundamental coping mechanisms are tampered with or stripped away, psychosis can result.
Most people who have come away from a cult experience, family and friends of cult victims,
and experts in behavioral science familiar with cultism agree that mind control techniques
sustained even for short periods of time can cause damage to a person‟s social,
physiological, and psychological well-being. If not interrupted, drastic (and sometimes
pathological) changes in personality occur and are potentially irreversible. Even if the
encounter with such programs of manipulation is brief and exit from them successful, the
experience can ruin lives. Apart from these dangers, experts suggest a real threat to society
exists in the form of harm to the family relationship, espousal of illegal and harmful
practices, and a potential for violence.14
Given the nature of the perceived harm posed by cult groups on the mind and body of
individuals, and assuming that society has compelling interests favoring prevention or
intervention, what courses of action are available? Possible remedies include
conservatorship15 and habeas corpus proceedings,16 consumer protection legislation,17
various forms of self-help, including deprogramming,18 and litigation.
In resisting any restriction on their activities, cults and their attorneys claim that hysterical
parents, intolerant of their children‟s choice of a religion, simply are trying to force their
children to remain under their control. Writers defending cults attack the anti-cult
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