DOCSLIB.ORG

August 04 Page

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
August 04 Page Volume 29, No. 6 August 2004 IN THIS ISSUE President’s Report .........................................................................................Page 2 Ray applies guidelines to O’Leary’s question ...................................................Page 4 ISWNEWS .......................................................................................................Page 5 A note from Lou Cummins...............................................................................Page 6 Board minutes................................................................................................Page 7 General membership minutes.........................................................................Page 8 Foundation Board of Directors Meeting............................................................Page 9 Editors on local papers everywhere share same problems.............................Page 10 Text of Charles Gay’s Golden Quill speech ......................................................Page 11 Lack of letters to the editor puzzling...............................................................Page 12 Conference teaches importance of editorial page ..........................................Page 13 Great American bulge: A national disease ......................................................Page 14 So you wanna write a book... ........................................................................Page 15 ‘Big box’ ban: It’s worth a try..........................................................................Page 16 Results of ISWNE Foundation Silent Auction ..................................................Page 17 Slepickas merge paper with competitor.........................................................Page 19 On the road with Charles Kuralt — no, Bill Haupt.............................................Page 20 Marathon of sorts nearing an end..................................................................Page 21 Errors are embarrassing but reinforce resolve of reporters............................Page 22 What happens when past editorials come back to life? ...................................Page 23 Your country is safe from me ........................................................................Page 24 Mass. paper questions open meeting law ruling.............................................Page 25 German delegation raises many questions ....................................................Page 26 Visit the ISWNE’s Web site: www.iswne.org Published by the Institute of International Studies, Missouri Southern State University, Joplin, MO ISWNE Hotline: Material can be published as public record Do you have a tough question about edi- information — albeit cautiously — as a cates that things torial policy or journalism ethics? If so, matter of public record. A couple of the have been cook- send it to Chad Stebbins at stebbins- respondents referred to the 10 questions ing for some [email protected], and he’ll email all ISWNE developed by the Society of Professional time. members. You can expect a quick and Journalists and the Poynter Institute for “I would have as informed response from your colleagues, Media Studies presented by Garrett Ray at much interest in who may have encountered a similar situ- the recent ISWNE conference. (See related what seems to be ation at their newspaper. story, page 4.) procedural prob- This month’s question comes from Carol “The records you have in your possession lems, and I O’Leary of The Star News in Medford, are public records and despite the statue would in report- Wis.: “We have in our possession 54 of limitations, the documents are public ing the informa- pages of copies of incidence reports from records forever,” said Anna Marie tion that you the local sheriff’s department. The DA has Gonsalves, publisher of The Valley Voice possess. And, Carol O’Leary come to the conclusion that charges in Hellertown, Pa. “Be sure to say why the surely, the citi- should be filed; however, the person can- DA isn’t filing charges and get a state- zens who received anonymous documents not be charged because the statute of lim- ment from the DA. Ask the DA if the stat- would like to know more about what’s itations for this offense has expired. What ue of limitations did not expire would going on.” recourse do we have for letting the public he/she file charges. This person is a public Martin did advise not to publish a story know that a county supervisor, in all official and therefore fair game, and it without charges being filed. He recom- probability, violated election campaign seems this person is still attempting to mended seeking comment from the public laws in 2000 and possibly other times in win public office. You can also get a state- official regarding her position on the mat- the past? ment from this person, that’s always fun.” ter and asking the sheriff for his thoughts “There is a sworn statement from her for- A similar response was received from Brad on a case that can’t be prosecuted. mer roommate that he helped her mail Martin, editor of the Hickman County Donna Remer, executive editor of five the anonymous documents,” O’Leary Times in Centerville, Tenn.: “I think it’s weekly newspapers in Michigan, said if added. “He made this statement this past an easy decision to publish what you’ve the district attorney would say on the month only after having a falling out got, with some obvious care to be taken. record that charges should be filed but with the accused person. The accused is Based on the information you provided, it that the statute of limitations prohibits it, known to be a very clever and not always appears that the police have developed O’Leary would have enough for a story. truthful person. She is very active in the information that is sufficient for criminal community and even ran for mayor in charges — but none can be filed because, “You could use the supporting documen- last spring’s election, being soundly the DA says, the time has expired. That’s tation to fill out the story and, of course, defeated.” a major part of the story — why did it get a comment from the accused,” Remer said. “If the DA won’t go on record, then O’Leary received at least 10 responses, take so long to make this decision? With 54 pages of incident reports, that indi- it’s more difficult. Especially since the val- with most advising her to publish the idating source is suspect. Witnesses have continued on page 3 The International Society of Weekly Newspaper Editors President’sresident’s By David Burke Editor,The Tuam Herald Reporteport County Galway, Ireland It’s time to emphasise the I in ISWNE ONE of the many lessons I learned from my by Garrett Ray, and the editorial critiques especially for our U.S. members, who are in old secondary school English teacher was were still central to the agenda, and that is the majority. that one should never start a sentence with as it always should be. In common with millions of people around the word “I”. “Keep your ego out of it,” was One of the great things about ISWNE is the the world, I have a great admiration for the his advice. That’s something most of us geographical diversity of the membership. USA and its citizens. Among their great newspaper people try to do every day, but In that it must be very different from a state qualities are idealism and optimism. Not to it’s something I found very difficult in writ- newspaper association, as it is from my own mention egalitarianism, of which the ISWNE ing this first President’s Report of my term. RNAI (Regional Newspapers Association of is a fine example. I (there goes your rule, Mr. Kilgarriff!) was Ireland). America has been the great protector, the more proud than I can say to mount the It is always interesting and often refreshing great friend of free people, and of people rostrum at the Lodge in Pere Marquette to hear something along the lines of “Well, who want to be free, particularly since the wearing the symbol of office that bears so in our town (state/province/country) we do it 1940s. many worthy names. Since my first confer- like this ...” ence in Reading, Penn., in 1990, I have been But now many of America’s friends are wor- inspired many times by stories I have heard Several times I have marvelled at the differ- ried. We are worried by the events in Iraq, by and about ISWNE members. There were ences between our English-speaking coun- and we are worried about the possible future people I never met, like Hazel Brannon tries. In the U.S. and Canada local govern- direction of U.S. foreign policy. We are wor- Smith, and people I did meet, who are no ment is vastly different in its composition ried most of all that many Americans do not longer with us, like Landon Wills. and powers from the pale version we enjoy care about, or are not even aware of, our in Ireland. worries. There are many more stories of integrity and courage in the ISWNE archive, few as dra- And of course there are the differences in I know that I risk treading on some toes by matic as those of Hazel Brannon Smith, but language. In the opening paragraph I men- even mentioning U.S. foreign policy in this nonetheless extraordinary accounts of the tioned “secondary school”. I contemplated column. And I certainly have no intention lengths people have gone to resist political using “high school,” but decided against it. of expressing any opinions on the presiden- and commercial pressure and tell the truth. Likewise with “sub-editing” and “copy-edit- tial election candidates. ing”. Not to mention placing the period out- But I do hope that ISWNE
Load more

Recommended publications
  • The Fundamentals of Constitutional Courts
    Constitution Brief April 2017 Summary The Fundamentals of This Constitution Brief provides a basic guide to constitutional courts and the issues that they raise in constitution-building processes, and is Constitutional Courts intended for use by constitution-makers and other democratic actors and stakeholders in Myanmar. Andrew Harding About MyConstitution 1. What are constitutional courts? The MyConstitution project works towards a home-grown and well-informed constitutional A written constitution is generally intended to have specific and legally binding culture as an integral part of democratic transition effects on citizens’ rights and on political processes such as elections and legislative and sustainable peace in Myanmar. Based on procedure. This is not always true: in the People’s Republic of China, for example, demand, expert advisory services are provided it is clear that constitutional rights may not be enforced in courts of law and the to those involved in constitution-building efforts. constitution has only aspirational, not juridical, effects. This series of Constitution Briefs is produced as If a constitution is intended to be binding there must be some means of part of this effort. enforcing it by deciding when an act or decision is contrary to the constitution The MyConstitution project also provides and providing some remedy where this occurs. We call this process ‘constitutional opportunities for learning and dialogue on review’. Constitutions across the world have devised broadly two types of relevant constitutional issues based on the constitutional review, carried out either by a specialized constitutional court or history of Myanmar and comparative experience. by courts of general legal jurisdiction.
    [Show full text]
  • Piercing the Religious Veil of the So-Called Cults
    Pepperdine Law Review Volume 7 Issue 3 Article 6 4-15-1980 Piercing the Religious Veil of the So-Called Cults Joey Peter Moore Follow this and additional works at: https://digitalcommons.pepperdine.edu/plr Part of the First Amendment Commons, and the Religion Law Commons Recommended Citation Joey Peter Moore Piercing the Religious Veil of the So-Called Cults , 7 Pepp. L. Rev. Iss. 3 (1980) Available at: https://digitalcommons.pepperdine.edu/plr/vol7/iss3/6 This Comment is brought to you for free and open access by the Caruso School of Law at Pepperdine Digital Commons. It has been accepted for inclusion in Pepperdine Law Review by an authorized editor of Pepperdine Digital Commons. For more information, please contact [email protected], [email protected], [email protected]. Piercing the Religious Veil of the So-Called Cults Since the horror of Jonestown, religious cults have been a frequent sub- ject of somewhat speculative debate. Federal and state governments, and private groups alike have undertaken exhaustive studies of these "cults" in order to monitor and sometimes regulate their activities, and to publicize their often questionable tenets and practices. The author offers a compre- hensive overview of these studies, concentrating on such areas as recruit- ment, indoctrination, deprogramming, fund raising, and tax exemption and evasion. Additionally, the author summarizes related news events and profiles to illustrate these observations,and to provide the stimulusfor further thought and analysis as to the impact these occurrences may have on the future of religion and religiousfreedom. I. INTRODUCTION An analysis of public opinion would likely reveal that the exist- ence of religious cults' is a relatively new phenomenon, but his- torians, social scientists and students of religion alike are quick to point out that such groups, though cyclical in nature, have simi- 2 larly prospered and have encountered adversity for centuries.
    [Show full text]
  • Preserving the Record
    Chapter Seven: Preserving the Record Edward G. O’Connor, Esquire Patrick R. Kingsley, Esquire Echert Seamans Cherin & Mellot Pittsburgh PRESERVING THE RECORD I. THE IMPORTANCE OF PRESERVING THE RECORD. Evidentiary rulings are seldom the basis for a reversal on appeal. Appellate courts are reluctant to reverse because of an error in admitting or excluding evidence, and sometimes actively search for a way to hold that a claim of error in an evidence ruling is barred. R. Keeton, Trial Tactics and Methods, 191 (1973). It is important, therefore, to preserve the record in the trial court to avoid giving the Appellate Court the opportunity to ignore your claim of error merely because of a technicality. II. PRESERVING THE RECORD WHERE THE TRIAL COURT HAS LET IN YOUR OPPONENT’S EVIDENCE. A. The Need to Object: 1. Preserving the Issue for Appeal. A failure to object to the admission of evidence ordinarily constitutes a waiver of the right to object to the admissibility or use of that evidence. Taylor v. Celotex Corp., 393 Pa. Super. 566, 574 A.2d 1084 (1990). If there is no objection, the court is not obligated to exclude improper evidence being offered. Errors in admitting evidence at trial are usually waived on appeal unless a proper, timely objection was made during the trial. Commonwealth v. Collins, 492 Pa. 405, 424 A.2d 1254 (1981). The rules of appellate procedure are meant to afford the trial judge an opportunity to correct any mistakes that have been made before these mistakes can be a basis of appeal. A litigator will not be allowed to ambush the trial judge by remaining silent at trial and voice an objection to the Appellate Court only after an unfavorable verdict or judgment is reached.
    [Show full text]
  • I Am Coming to a Court Hearing, What Do I Need to Know?
    Where will my hearing take place? When will the judge make a decision? ISLEISLE OFOF MANMAN The hearing may take place in any of the court- The judge will normally tell you what decision has COURTS OF JUSTICE rooms, which have equipment to record the pro- been reached when all the evidence has been given. ceedings. A written copy of the decision (an ‘order’) will be sent I am coming to a court hearing, to you after the hearing. The order will not set out what do I need to know? HCG07 The judge decides if the hearing will be held either: the reasons for the decision. The judge may tell you Claimant guidance in the Small Claims Procedure • in public – members of the public are allowed to do something, such as pay money to the other to be present at the hearing if there is sufficient party or begin preparing your evidence for trial, as room; or part of the decision. • in private – generally, only the people involved You should carry out the instructions when you are in the case (called the parties), their witnesses told to do so and not wait until the written order ar- and advocates can be present at the hearing. rives. What happens at the hearing? If the judge needs more time to reach a decision you The judge will normally want to hear first from the will be sent a notice telling you the time, date and claimant (the person who started the case, or place the decision will be given. This is called made the application) then the defendant (the per- ‘reserving judgment’.
    [Show full text]
  • The Adjudication Hearing
    Chapter 8 The Adjudicatory Hearing Summary of Contents This chapter explores the requirements for “informal but orderly” adjudicatory hearings under the Juvenile Act. • § 8-1. The Adjudicatory Hearing in General • § 8-2. Best Practices • § 8-3. Timing of Hearings • § 8-4. General Conduct of Hearings • § 8-5. Hearings Conducted by Juvenile Court Hearing Officers • § 8-6. Public Attendance at Hearings • § 8-7. Hearing Procedures • § 8-8. Admissions • § 8-9. Consent Decrees • § 8-10. Trauma-Informed Court Process and Procedures • § 8-11. Ensuring the Rights of Victims • § 8-12. Accommodating Young Witnesses Key Statutes • 42 Pa.C.S.§6302 (definitions) “Assessment” “Screening” “Sexual violence” • 42 Pa.C.S. §6310 (parental participation) • 42 Pa.C.S. §6335 (release or holding of hearing) • 42 Pa.C.S. §6336 (conduct of hearing) • 42 Pa.C.S. §6336.2 (use of restraints on children during court proceedings) • 42 Pa.C.S. §6337.1 (right to counsel for children in dependency and delinquency proceedings) • 42 Pa.C.S. §6338 (other basic rights) • 42 Pa.C.S. §6339 (investigation and report) • 42 Pa.C.S. §6340 (consent decree) 8.1 • 42 Pa.C.S. §6341 (adjudication) • 18 P.S. §11.201 (victim attendance rights) Rules1 • Rule 120, Pa.R.J.C.P. (definitions) “Advanced Communication Technology” “Destroy or Destruction” “Expunge or Expungement” • Rule 122, Pa.R.J.C.P. (continuances) • Rule 127, Pa.R.J.C.P. (recording of hearings) • Rule 128, Pa.R.J.C.P. (presence at proceedings) • Rule 129, Pa.R.J.C.P. (appearance by advanced communication technology) • Rule 131, Pa.R.J.C.P.
    [Show full text]
  • Review of the Judicial Process in Foster Care Cases
    FOSTER CARE COURT PROCESS Review of the Judicial Process in Foster Care Cases 1. Probable Cause 2. Adjudication Hearing A probable cause hearing must be held Within 30 to 60 days of the probable cause within 5 working days of issuing the hearing, an adjudication hearing will be emergency order. The court will decide if held to decide if the child is dependent/ the child should be returned home, stay in neglected (this means abused or neg- the temporary custody of DCFS, or live with lected). If it is determined that the child is someone else until the adjudication hearing. not dependent/neglected, the child will be The court has the authority to place children returned home, and there will no longer be with relatives at this hearing, if the court is a court case or involvement with DCFS. given evidence and it is in the child’s best interest. Court Review 4. Permanency Planning Hearing 3. Review Hearing The court must decide on a plan for The court will continue to hold review permanent placement for the child. hearings (at least every 6 months, but These options include in the order of usually more often) throughout the case to preference: (1) returning the child to make sure that everyone is following the his parents or guardians (or putting a court orders and DCFS case plans, to see short–term plan in place to return the how the child is doing, to find out what child home), (2) terminating the progress the family is making to improve parental rights so that the child can be the child’s home situation, whether the adopted by someone else, or (3) right kind of services are being provided for giving guardianship or permanent the family and the child, and if the child custody to another adult.
    [Show full text]
  • Paul Morantz (Page 13) Abank in the Village Last Year, Has We Launched a Major and Aggres- Fire Scares Within a Week of Each Plead Guilty to Four Bank Robberies
    Palisadian-Post Serving the Community Since 1928 24 Pages Thursday, March 15, 2018 ◆ Pacific Palisades, California $1.50 Let’s Play Ball! Amazon Books Heading to Palisades Village By SARAH SHMERLING is an area “that we know is full of leased, with Amazon Books the Managing Editor readers.” 18th confirmed tenant. Palisadians have not turned At the three Amazon stores he next chapter of Caruso’s the pages at a local store since Vil- currently in California titles are laid Palisades Village has been lage Books closed its doors in June with covers rather than spines out. Twritten: Amazon has signed up to 2011, despite a fierce fight by -lo At the flagship store in Seattle, create a “bricks and mortar” store cals, including Tom Hanks, to save which stocks 6,000 books initially when the project opens on Sept. 22. it. chosen through its “social cata- “We created Amazon Books to Other retailers at the loging” website Goodreads, there be a place where customers discov- 125,000-square-foot complex will has been a list of recommended er books and devices they’ll love,” include SunLife Organics, Vintage volumes by Amazon founder Jeff Cameron Janes, vice president of Grocers and Cinépolis’ Bay The- Bezos. Amazon Books, told the Los Ange- atre. It includes his wife MacKenzie les Times. Caruso reported that 80 percent Tuttle Bezos’ Hollywood thriller He also noted that the Palisades of the 40-plus spaces have been “Traps.” Big, Worried Crowd for Safety Town Hall Councilmember Mike Bonin takes on questions. Rich Schmitt/Staff Photographer By CHRISTIAN MONTERROSA cars was a relief, as the impending Pali High, ensured parents that Reporter threat by the California regulators the school is increasing security to eliminate local beach’s mid- measures as the consideration of a oncerned for safety, privacy night-to-5 a.m.
    [Show full text]
  • Story Ideas for Journalists Connections, Events, and Advocacy
    Story Ideas for Journalists [email protected] | DeadInsaneOrInJail.com • Children’s rights / human rights • Institutionalized persuasion (coercion) • Social isolation during adolescence • Milieu control (brainwashing) • Decisions for institutional placement • Making art from trauma • Healthy attachment and trauma bonding • Art as the antidote to abuse Connections, Events, and Advocacy Groups: Virginia Festival of the Book MARCH 2018, CHARLOTTESVILLE, VA • Dead, Insane, or in Jail: Overwritten is featured on the panel discussion, “Seeking Wellness: We Are Not Alone,” about memoir and understanding. International Cultic Studies Association JULY 2016, DALLAS, TX • After attending the ICSA conference in Stockholm in 2015, Zack was invited to present the following year in Dallas, with his session, “The Lack of Research in Adolescent Group Settings: Psychological Pressures as Part of the Milieu in Controlling Institutions and Systems - Making Art out of the Inexpressible.” While there, at a Phoenix Project session on the role of the arts in resistance and recovery, Zack read from Book One and made the case that art is the antidote to authoritarianism. (icsahome.com) Virginia Festival of the Book MARCH 2016, CHARLOTTESVILLE, VA • Book One in the series, Dead, Insane, or in Jail: A CEDU Memoir, was selected for the 2016 Virginia Festival of the Book, and was featured in the local paper. To a packed house, Zack engaged in a public discussion with other experts about consent and coercion in mental health treatment policy. (VaBook.org) Daedalus Books Debut Event NOVEMBER 2015, CHARLOTTESVILLE, VA • Iconic used-bookseller Deadalus Books introduced Dead, Insane, or in Jail: A CEDU Memoir to local friends, fans, and supporters in Zack’s inaugural book event.
    [Show full text]
  • GATES V. DEUKMEJIAN 23 Vs
    J.S. v. Cal. • ••< H • V H H W • • • I PC-CA-013-006 1 McCUTCHEN, DOYLE, BROWN & ENERSEN WARREN E. GEORGE (State Bar # 053588) 2 Three Embarcadero Center San Francisco, CA 94111 3 Telephone: (415) 393-2000 4 PRISON LAW OFFICE ROSEN & PHILLIPS DONALD SPECTER (# 083925) SANFORD JAY ROSEN (# 062566) 5 MILLARD MURPHY (# 124451) PAUL A. Di DONATO (# 124962) Freedom Mall, Main Street 155 Montgomery Street 6 San Quentin, CA 94964 8th Floor Telephone: (415) 457-9144 San Francisco, CA 94104 7 Telephone: (415) 433-6830 BROBECK, PHLEGER & HARRISON 8 MICHAEL W. BIEN (# 096891) ACLU FOUNDATION OF NORTHERN Spear Street Tower CALIFORNIA, INC. 9 One Market Plaza MATTHEW A. COLES (# 076090) San Francisco, CA 94105 1663 Mission Street 10 Telephone: (415) 442-0900 San Francisco, CA 94103 Telephone: (415) 621-2493 11 Attorney for Plaintiffs 12 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 16 UNITED STATES OF AMERICA, No. CIV S-89-1233 EJG-JFM 17 Plaintiffs, 18 vs. STATE OF CALIFORNIA, et al., 19 Defendants. 20 21 JAY LEE GATES, et al., No. CIV S-87-1636 LKK-JFM 22 Plaintiffs, COMPLAINT IN INTERVENTION OF PLAINTIFFS IN GATES V. DEUKMEJIAN 23 vs. 24 GEORGE DEUKMEJIAN, et al., 25 Defendants. 26 455\2\complnt9.o20 - 1 - COMPLAINT IN INTERVENTION OF PLAINTIFFS 1 2 FIRST CAUSE OF ACTION 3 I. NATURE OF ACTION 4 l. Plaintiffs, prisoners incarcerated at the California 5 Medica Facility ("CMF") and at the Northern Reception Center 6 ("NRC"), bring this action to remedy the legally deficient medical 7 care and psychiatric care that are presently being provided at CMF 8 and NRC.
    [Show full text]
  • LEGAL TERMS and DEFINITIONS the Following Definitions Will Make It Easier for You to Understand These Common Legal Words And
    LEGAL TERMS AND DEFINITIONS The following definitions will make it easier for you to understand these common legal words and phrases which will occur frequently during the course of the trial: Action, Case, Suit, Lawsuit: These words refer to a legal dispute brought into court for a hearing or trial. Parties: The plaintiff and defendant in the case - also called the “litigants.” Cause of Action: The legal grounds on which a party to a lawsuit relies to get a verdict against his opponent. Complaint: The first pleading in a civil case stating facts and demanding relief. Indictment: The indictment or information is the written document used to inform the defendant that he has been charged with a crime. Answer: A pleading filed with the court before the trial by the defendant in a civil case in which he answers or denies claims of the plaintiff. Counterclaim: A “counterclaim” results when the defendant, in his answer to the complaint, claims that he is entitled to damages or other relief from the plaintiff. Issue: A disputed question of fact which you must decide is referred to as an “issue.” Pleadings: All the documents filed by the parties before the trial to establish what issues must be decided by the jury. Deliberations: The discussions of the jury which occur after the judge has instructed you to retire to the jury room and consider your verdict. Opening Statement: Before introducing any evidence for his side of the case, a lawyer is permitted to tell the jury what the case is about and what evidence he expects to bring in to prove his side of the case.
    [Show full text]
  • What to Pack for Your Administrative Hearing: the Evidence to Present
    The Jane Dee Hull Governor Cliff J. Vanell Director OAH Vol. 25 October 2002 www.azoah.com Official Newsletter of the Arizona Office of Administrative Hearings WHAT TO PACK FOR YOUR ADMINISTRATIVE HEARING: THE EVIDENCE TO PRESENT Kay Abramsohn, Administrative Law Judge Director’s note: OAH is committed to fairness and making hearings accessible to all. This article is part of a series of informational articles to educate the public and parties who appear before us about the hearing process and how to better Type 2. You are trying to become licensed or quali- present their cases. The following article may be found at OAH’s website at www.azoah.com along with all previous articles published in the OAH Newsletter. fied for something or some benefits and the regulating agency has denied your application. Generally, you are presenting an explanation of the information the When you come to your administrative hearing, you will agency used against you or additional information in be asked to present your case. The information you your favor which you feel the agency did not, but present for your case may be slightly different, depend- should, take into account. ing on the type of case you are involved in. Generally, you are presenting to the Administrative Law Judge (ALJ) Type 3. You are the person who filed the complaint your disagreement with a determination that was made against a licensed person or company and are against you or the information being used against you. presenting your version about what has happened. Perhaps you will be presenting your information about Generally, you are presenting why you think your problems with the way something was done, why some- complaint has merit and what you believe should thing should be done differently, or why something happen next on your behalf.
    [Show full text]
  • B. Taxation of Revoked Tax-Exempt Organizations
    B. TAXATION OF REVOKED TAX-EXEMPT ORGANIZATIONS: THE SYNANON CASE 1. Background When attorney Paul Morantz discovered the hard way that a four-foot rattlesnake was residing in his mailbox one day in October 1978, he had more pressing concerns than to wonder about the possible income tax implications of the event. Although he immediately might have suspected that his representation of two former Synanon members in a lawsuit against the Synanon Church, then recognized as an IRC 501(c)(3) organization, could have inspired retribution by the organization, he doubtless would not have foreseen, or at that moment much cared about, the subsequent administrative actions that resulted in the revocation of Synanon's exempt status, Synanon's legal attempts to regain that status, and its persistence throughout the entire period, both before and after revocation, in holding itself out to contributors as a charitable organization. The rattlesnake incident was far from the only questionable activity of the Synanon Church, but it was certainly the one that most captured the attention of the police, the press, and the IRS. As detailed in Synanon Church v. U.S., 579 F.Supp. 967 (D.C., D.C., 1984), in a 1977 speech called "New Religious Posture", Charles Dederich, Synanon's founder, had warned "Don't mess with us. You can get killed dead. Physically dead." Groups were organized to carry on a "Holy War" against Synanon's enemies, and Synanon had been tied to a number of beatings and acts of physical violence. During the summer preceding the incident, while Synanon officials were in Italy, phone calls were made to the United States in an attempt to arrange Mr.
    [Show full text]