The Federal Court of Appeals for the Seventh Circuit has slammed the headquarters of the Haifan-Bahai organization (which is the main Baha'i organization) on that grounds that it: (1) engaged in Fraud Upon the Court, (2) engaged in service of process fraud in contravention of the rights of others in order to obtain a fraudulent order from a lower court where the adversaries were given no notice of the hearing (which is a crime), and (3) for attempting to exert monopoly rights to use of the word "Baha'i" by deception so that no other individuals or organizations could criticize them or create an alternate Bahai congregation (violations of speech and freedom of religion rights). The fraudulent order they attempted to obtain by subverting the legal system would have given them power to take down critical videos, articles, and suppress Baha'is who have made their own groups and even suppress the voices of their own followers. This is important: The Haifan-Bahai's committed several massive crimes and ethics violations to try to silence critics, to take away free religious choice from others, and to control their own members. The U.S. Appeals Court's official documents are at this link, and summarized below. (See Federal Appeals Decision & and Full Audio of Oral Argument; transcript below: Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:64-cv-01878.) Notably the Federal appeals judges stated, "It is a principle of general application in Anglo-American jurisprudence that one is not bound by a judgment which he has not been made a party by service of process." (They were obtaining false orders against people to silence them.) And the Court further stated, "Considered First Amendment limitations on the court’s authority, certain aspects of the 1966 injunction (the fraudulent order Baha'is obtained) are troubling. The decree declares that “there is only one Baha’i Faith,” that [an Israeli man connected to the Zionist criminal mafia called 'Irgun'] 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.' " (In plain terms, what the Court says is that this so-called "faith" had the audacity to try to restrict the speech rights of critics and to restrict religious freedom in the United States by obtaining a fraudulent lower court order that could not be contested on the merits.)
Dear Iranians, hamvantans that genuinely care for the security of Iran, and all with open minds to consider facts, this is precisely one of the reasons the Haifan-Bahais are extremely dangerous to Iran. So the next time someone comes along and refers to the "Baha'i Censorship Cult" on this website or any other, be certain that this allegation is supported by U.S. Appellate Panel's findings of facts and conclusions of law and that the U.S. Supreme Court did not revisit this decision, making it the final law of the land and binding precedent. When I use the term "appellate panel" it means that multiple Federal appeals court judges unanimously ruled on review against the Haifan-Bahai organization without one single dissenting judge. If you have any sense of reason, you will quickly understand that despite their denials to the contrary, the Haifan-Bahai Group (a/k/a the main Bahai Organization) is an extremely political group, to the point that they will even attempt to subvert justice and make U.S. judicial officers accessories to the outrages, crimes and ethics violations.
The picture above is a conversation I was having on this website with another person. This site has frequently been mentioned as a hotbed of Haifan-Bahai activity. When I mentioned to the person with whom I was chatting that ordinary Baha'is (the followers) could join other congregations to avoid less ties to Israel my comment was flagged (something they have been doing to my comments from the first day I signed up for this site). The person with whom I was chatting explicitly says in his reply that he did not flag my response to him and that there was absolutely no reason for doing so. In other words, they attempted to intrude upon and silence the conversation of two consenting adults. And you still wonder why this group is considered dangerous in Iran if they manage to get even the slightest foothold in any position of official power or even cultural influence under this government or any other future government? Let me remind you that for approximately 160 years this organization has been rejected by both secular and religious governments in Iran, including the people of Iran, and members of other minority faiths such as Christians and Zoroastrians which describe the group as "predatory" towards other minority groups.
Judge William J. Bauer: Do you know of any case involving that particular rule that you enunciated to us in a civil rights case?
Handelman: Your honor, there are a couple of cases on point….
Judge Bauer: That had to do with a patent infringement case?
Handelman: That is correct.
Judge Bauer: Other than a patent infringement case, do you have civil rights cases that involve that theory that you just enunciated?
Handelman: The two cases we rely on-- one is a patent infringement case and the other one is a trademark infringement case.
Judge Bauer: Let me intrude myself again. Was the original injunction (restricting criticism and religious freedom) a consent decree or was it a fought out battle?
Handelman: No the scenario leading to the injunction, the...
Judge Bauer: No, all I ask is a very simple question. Was it a consent decree?
Handelman: It was not a consent decree.
Judge Bauer: OK
Handelman: There were findings of fact and conclusions of law...
Judge Bauer: Based on a contested argument before, and presentation of evidence before Judge Austin?
Handelman: The... my understanding is that the NSA...
Judge Bauer: See you weren't around in those days. I was.
Handelman: There was a findings of fact and conclusions of law.
Judge Bauer: After a hearing?
Handelman: I do not know if there was testimony at the hearing. I do not believe there was testimony given at the hearing by both sides but Judge Austin...
Judge Bauer: What was the predicate for the decision? Stipulation of facts? (Where both sides agree about facts.)
Handelman: No, there was no stipulation, the NSA (Haifan-Bahais) ...
Judge Bauer: Then how did he arrive at a decree at all?
Handelman: The uh, I believe, the NSA submitted, appeared at the hearing and presented to Judge Austin. I don't know if there was live testimony at the hearing or not but it presented evidence on which the findings and conclusions were based.
Judge Bauer: What evidence did they and how did they present it?
Judge Bauer: Was the evidence you submitted accepted by both sides as factually true?
Handelman: The testimony was sworn deposition testimony of the Chairman (of the Haifan-Bahais).
Judge Bauer: There is sworn testimony on each side of the case normally but I want to know, how did Judge Austin arrive at the conclusion if there was no presentation of live witnesses?
Handelman: Um
Judge Bauer: Was it a stipulation of facts?
Handelman: No I do not believe it was a stipulation, your honor. We can look into …
Judge Bauer: I have no idea how the decree came to be, that’s my problem
Handelman: OK
Judge Diane S. Sykes: Do you know whether the constitutionality of issuing such an Injunction was litigated, given the religious context?
Handelman: Yeah, I believe … this case involved a blatant infringement of trademark rights that were recognized under federal law.
Judge Sykes: We are talking of, about an injunction issued 40 years ago.
Handelman: That is correct your honor. With respect to, first of all the validity of the trademark and the finding of infringement, those issues are not open to be retried in the context of a contempt proceeding as a prefatory matter, but beyond that the law is well settled that religious organizations as I mentioned are entitled to the protection of the trademark laws and in this case...
Judge Sykes: But you are not entitled to a judicial declaration that your church (Hafain Bahais) is the ‘one true church.’
Handelman: Well if, your honor, [lawyer pretends to quote from the law].
Judge Bauer: Who are you quoting at the moment?
Handelman: Professor McCarthy, his treatise on Trademark and Unfair Competition.
Judge Bauer: The Supreme Court is more significant than Professor McCarthy I would suspect, wouldn't you?
Handelman: But the point is that this case does not call upon this Court to evaluate religious doctrine.
Judge Sykes: Well to the extent that you are reading the injunction as prohibiting anyone other than the NSA (Haifa Bahai Organization) from using the word Baha'i that clearly raises some constitutional concerns. Is that how you are reading the injunction? That you have exclusive, that your client has exclusive rights to the term Baha'i and no schismatic organization, schismatic group, breakaway group could ever use it into perpetuity in the United States?
Handelman: That is correct, as Professor...
Judge Sykes: The word Baha'i? So to use a hypothetical. Someone could copyright Christianity. Somebody could copyright Judaism, and that would prohibit anybody else from using that terminology in the title of their religious organization?
Judge Sykes: But what is the response to the hypothetical, though?
Handelman: The hypothetical is yes. No one else is permitted to use the term Baha'i.
Judge Bauer: How about Reform Baha'i? Can they use that term?
Handelman: That would be a hypothetical that...
Judge Bauer: That's my hypothetical...
Handelman: It would...
Judge Bauer: And I want a hypothetical answer.
Handelman: If...
Judge Bauer: I just gave you the question. Reform Baha'i? Can they use it?
Handelman: No that would be prohibited. The injunction...
Judge Bauer: Yeah, I read the Injunction. I just don't know how it came to be. But you're going to enlighten me on that subject.
Recently by MaryamJoon | Comments | Date |
---|---|---|
Secrets of the Dead Prince: What Everybody Should Know | 8 | Sep 24, 2012 |
Mrs. Arash Israeldoost: Questions & comments for her & Israel's Lackeys | 12 | Sep 23, 2012 |
History of Azarbaijan & Who Sponsors Separatism - a short history. | 2 | Sep 22, 2012 |
Person | About | Day |
---|---|---|
نسرین ستوده: زندانی روز | Dec 04 | |
Saeed Malekpour: Prisoner of the day | Lawyer says death sentence suspended | Dec 03 |
Majid Tavakoli: Prisoner of the day | Iterview with mother | Dec 02 |
احسان نراقی: جامعه شناس و نویسنده ۱۳۰۵-۱۳۹۱ | Dec 02 | |
Nasrin Sotoudeh: Prisoner of the day | 46 days on hunger strike | Dec 01 |
Nasrin Sotoudeh: Graffiti | In Barcelona | Nov 30 |
گوهر عشقی: مادر ستار بهشتی | Nov 30 | |
Abdollah Momeni: Prisoner of the day | Activist denied leave and family visits for 1.5 years | Nov 30 |
محمد کلالی: یکی از حمله کنندگان به سفارت ایران در برلین | Nov 29 | |
Habibollah Golparipour: Prisoner of the day | Kurdish Activist on Death Row | Nov 28 |
Delidaar, Haifa's Bahai Organization has EVERYTHING to do
by MaryamJoon on Thu Sep 20, 2012 04:57 PM PDT... with what you call the "Bahai Faith." Who do you think runs the "Bahai Faith" and is the single most largest organization controlling it? Walt Disney? Guess again: ... It's the Haifa Bahai Organization (a/k/a "Universal House of (In)justice and its "Spiritual Assemblies.".)
Click the link in the article to see pictures of the 9 Gurus.
The Court's findings are not about me ...
by MaryamJoon on Thu Sep 20, 2012 04:53 PM PDT... They are about the cultish practices of the Haifan Bahai organization who violate the rules of ethics, criminal law, and constitutional law and then pretend everything is hunky dory by attacking those that call attention to those abuses, including violations against the most basic human rights.
My name is not in the court's opinion ....... yet.
Pay close attention sugar plums ... the public is wising up ... Iranians are wising up.
Maryam Joon you are a severely psychologically disturbed liar
by robertborden54 on Thu Sep 20, 2012 03:59 PM PDTThe case here is about the validity of an injuction. There is no finding of fraud. You must be an ex-Bahai or maybe you were married to one? In any case see a therapist.
not very smart !!
by delldaar on Thu Sep 20, 2012 03:38 PM PDTHaifan.Baha,i has nothing to do with baha'i faith, which originated in Iran and has hundred of thousand of followers in the US,sorry no suicde bombers.Haifan bahai,s are Discarded american X members ( about 10 individual),who lost their claim to national bahai properties in fed court and has nothing in common with real Baha'is whom you hate .next time do your homework better or could it be this is your max brain capacity.
Visiting Demo's link........
by First Amendment on Thu Sep 20, 2012 03:09 PM PDT..........is a must................
Prisoners of Conscience in US: A Case Study
by Demo on Thu Sep 20, 2012 03:06 PM PDT//uprootedpalestinians.blogspot.com/2012/05/d...
maryamjoon: Please seek
by vildemose on Thu Sep 20, 2012 02:04 PM PDTmaryamjoon: Please seek professional help before you are danger to yourself or someone else...You should be locked up somewhere...Hope someone cares about you enough to send you to an insane asylum for treatment in 'shutter Island'.
All Oppression Creates a State of War--Simone De Beauvoir
TO: "Iran Paidar 1st" *
by MaryamJoon on Thu Sep 20, 2012 01:40 PM PDT"by Iran Paidar 1st on Thu Sep 20, 2012 01:20 PM PDT - Mariam ... Would you shut the f... up? We don't care ...."
Who died & made you spokesman for 80 mil. Iranians? My answer is, No. In case you missed it, forcing people to "shut up" is not my style (nor the style of the courts). Iranians have a right to know that the Haifan-Bahai organization creates prisoners of conscience in the US, as adjudicated by the highest appeals court in the U.S., because that is a threat facing Iran & Iranians. Got it?
The only voices I hear are the ones of Judges
by MaryamJoon on Thu Sep 20, 2012 01:26 PM PDTParticularly the Judges that condemned the Haifan-Bahai Organization's misbehavior and pattern of crime in the U.S.. If you have issues with what the Judges wrote ... say your peace, but if you can't, it only underscores that the Judges were right and you are wrong.
Maryam:
by Raoul1955 on Thu Sep 20, 2012 12:07 PM PDTYou enjoy interacting with yourself! Nice. Soon you may start hearing voices in your 'head' as well, if you haven't already. LOL
Cheers
Where is Iraj? Where is 1st Amnd't? Where is Soosan? Mamoor?
by MaryamJoon on Thu Sep 20, 2012 11:23 AM PDTRead it.
Comment liberally.
Digest it.
Every Iranian should.
NIAC's case never went to trial ... This case did.
by MaryamJoon on Thu Sep 20, 2012 11:09 AM PDTWho wants to blame the 'Islamic 7th Circuit Rapist Court of Appeals'?
Any takers?
Any 'Truth Seekers' ?
Any proud Iranians.
Stand and be counted.
Dear Ali Mostofi, READ THIS !!!
by MaryamJoon on Thu Sep 20, 2012 10:57 AM PDTThese are facts, which no amount of argument can change.