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
https://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."
https://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.
Might be a broken link:
https://www.ca7.uscourts.gov/fdocs/docs.fwx?caseno=08-2306&submit=showdkt&yr=08&num=2306
Accessed on October 8, 2015:
https://media.ca7.uscourts.gov/oralArguments/oar.jsp?caseyear=08&casenumber=2306&listCase=List+case%28s%29
https://media.ca7.uscourts.gov/sound/2009/migrated.orig.08-2306_02_20_2009.mp3
Public Access to Opinions and Unpublished Orders
https://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:
https://fglaysher.com/bahaicensorship/archives/US_Court_of_Appeals_7th_District_11-23-2010.pdf
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)
https://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)
https://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
https://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
https://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
https://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
https://religionclause.blogspot.com/2010/11/7th-circuit-bahai-groups-not-bound-by.html
India Times
https://oneclick.indiatimes.com/article/00XA8NY3JId9y
7th Circuit Rules for Splinter Baha'i Group STILL AVAILABLE 4-14-2012
By JOE CELENTINO
https://www.courthousenews.com/2010/11/29/32158.htm
Orthodox believers can keep calling themselves Baha'i, court rules
The Republic, Columbus, Indiana
https://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
https://www.thestate.com/2010/11/25/1578536/orthodox-believers-can-keep-calling.html
The Herald, Rock Hill, S.C.
https://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
https://www.theolympian.com/2010/11/25/1452828/orthodox-believers-can-keep-calling.html
Orthodox believers can keep calling themselves Baha'i, court rules
https://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
https://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
https://www.eagletribune.com/worldnational/x1468309040/Orthodox-believers-can-call-themselves-Bahai
Orthodox believers can keep calling themselves Baha'i, court rules
https://dailyme.com/story/2010112500003716/orthodox-believers-calling-bahai-court-rules.html
Federal appeals court rules in favor of splinter Baha'i group
https://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
https://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 ***
https://www.leagle.com/xmlResult.aspx?xmldoc=In%20FCO%2020101123167.xml&docbase=CSLWAR3-2007-CURR
The News Tribune
https://www.thenewstribune.com/2010/11/25/1439701/orthodox-believers-can-keep-calling.html
Columbian remembers religious persecution in Iran STILL AVAILABLE 4-14-2012
https://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
https://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
https://caselaw.findlaw.com/us-7th-circuit/1545624.html STILL AVAILABLE 4-14-2012
https://www.ca7.uscourts.gov/tmp/3D1FFQRO.pdf
Orthodox Bahá'í Faith wins appeal before 7th Circuit Court of Appeals
https://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
https://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
https://www.tri-cityherald.com/2010/11/25/1266931/orthodox-believers-can-keep-calling.html
Comments posted to The Chicago Tribune Forum on one page:
https://fglaysher.com/bahaicensorship/Chicago_Tribune.html
Chicago Tribune. Baha'i rift. Baha'is upset with Orthodox Baha'i Faith. May 18, 2009
https://articles.chicagotribune.com/2009-05-18/news/0905170216_1_orthodox-communi\
ty-rift-jesus-and-muhammad |