CALIFORNIA CONSTITUTION
ARTICLE
1 DECLARATION OF RIGHTS
SEC. 2. (a) Every
person may freely speak, write and publish his or
her sentiments on
all subjects, being responsible for the abuse of
this right. A law
may not restrain or abridge liberty of speech
or
press.
SEC. 4. Free exercise and enjoyment of
religion without
discrimination or preference are guaranteed.
This liberty of
conscience does not excuse acts that are licentious
or inconsistent
with the peace or safety of the State. The
Legislature shall make no
law respecting an establishment of
religion.
The entire framework of this controversy which
Mr. Prophet has brought before this court, is religious in nature, from the
first to the last. Mr. Prophet entertains a particular hatred for my
religious point of view, and not being able to silence that point of view, he
believes he can enlist the aid of this court to do so, but not only that, he
believes he can enlist the aid of this court to do something he could never do
by himself, and that is to throughly discredit the character of this
ideological opponent, even to assassinate the character of this ideological
opponent, by hoisting a court issued "restraining order" as a victory pendent
from his flag pole, stamping my character in the eyes of the public for all
time to come as criminal in nature. I pray that this court, in its
wisdom and objectivity, will not allow him to succeed in this thoroughly
nefarious pursuit.
I would ask the court's indulgence to offer a brief
summary of the situation.
The plaintiff, Sean Prophet is the first born son of
Mark L. Prophet, the founding messenger of the Summit Lighthouse, and Church
Universal and Triumphant. The Summit Lighthouse was founded in
1958. Sean was born in 1964, when the organization was still young, and
he grew to manhood within the cradle of this organization. He was
trained to hold leadership positions in this church. He was an ordained
minister, served communion, officiated at weddings, and he was a member of the
board of directors for many years. The Teachings of our Church,
delivered by the Messengers Mark and Elizabeth Prophet (his parents)
proclaimed Sean to be an important soul with an important mission. I
offer Keepers of the Flame Lesson No. 31 as evidence of this. Everyone
in our church adheres to this teaching. It was always a duty and
obligation of the members of our church to support Sean in his mission to the
extent we were able. At the very least every new member was
taught, from the beginning, to pray for him every day.
Now, something happened along the way, and Sean
turned against the church. He left the church in the mid 1990's, and
turned against it publically, and virulently some years later. He did
not just go his own way, and try to live out a life in private
obscurity. No. He decided to set up an online publication, which
he called The Black Sun Journal, the purpose of which was to trash everything
his parents ever taught, and to trash everything that our church stands for to
this day. He established the Black Sun Journal in 2002.
In regards to the teachings of our church, it is our
religious duty, as members of Church Universal and Triumphant, to use our own
religious freedom, and free speech rights, to oppose Sean Prophet's efforts to
destroy our church and the character of those (his parents) who founded
it.
Your honor will understand, that when the first born
son of a church founder turns against the church which his parents founded,
and takes a public stand to destroy what his parents founded, which he is
doing through his Black Sun Journal, that his voice has much more of a
destructive power, than the voice of an average church member. More
people will listen, because Sean was an "insider" and in the power
structure. And because of this, there is a much higher priority attached
to dealing with this problem.
Myself, as the editor of a pro-church online
publication, which was established in the year 2000, which is called Homeward
Bound - The Journal of Ascended Master Devotion, my approach to Sean's attacks
against his parents and our church, was from the very beginning, to make the
effort to call him back to his original mission. I don't claim high
skill or mastery in this difficult work, only sincerity. If that effort
at persuasion could work, he would, by freewill choice, shut down the Black
Sun Journal, and he would stop trashing his parents, and the church they
founded.
Some of what I had to say to Sean along these lines
was published in the Homeward Bound Journal itself, and some of what I had to
say was communicated in private emails. Whether a public or private
statement, my goal was always to try to say something that might convince him
of the wisdom of returning to the path which he had abandoned. On one
occasion, at my invitation, Sean provided a statement for the church community
that I published in the Homeward Bound Journal.
My dialogue with Sean was ongoing, though sporadic,
beginning in October 2004, and continuing on through October 2006.
At various points along the way something would come to my attention about
Sean's activities, which would inspire me to write to him privately, again
attempting to persuade him, from one perspective or another, to return to his
original path.
In response to a series of private emails which I
sent to him in February and March of 2006, Sean Prophet invited me to a
personal meeting at a Denny's Restaurant that April. His stated purpose
for this meeting was to convince me that he was hopeless cause, and perhaps to
persuade me to adopt his newly formed atheistic point of view. That
meeting lasted about six hours, and it was respectful. We had a lot to
talk about. We continued the dialogue, more or less, after that meeting
via email.
The building of this personal relationship, which he
freely contributed to, continues to bear the fruit, in my mind, of additional
ideas of what I might be able say, which I always hope might persuade him to
return to his original mission. I have never given up hope in this
regard.
As the documentary evidence shows, I am referring to
the emails which have been entered into evidence, my intent was never to
harass, but only to try one more time to call him back to his original
mission.
Now he says he doesn't want to hear about it
anymore. He wants to be able to continue to be public enemy number one
in relationship to our church, but wants to use the court system to shield him
from the natural consequences thereof, in as much as other people have a right
to speak, and they have a right to direct their comments to him personally,
when it comes to defending the teachings of their own church.
I believe that the principle embodied in Article 1
Section 3 of the California Constitution, which gives the people the right to
petition their government for a redress of grievances, has application to the
private sector as well. When an individual publically attacks a church,
or any individual in that church, our constitutionally protected free speech
rights includes the right to direct responses directly to the attacker, and I
believe that the power of government cannot abridge this important right, as
long as it is carried out in a respectful and civilized manner.
Indeed, this principle of lawful self-defense is
mentioned under the very section of the California Code of Civil Procedures,
under which these proceeding have been invoked, namely, Section 527.6.,
subsection (1), where we see mentioned "lawful acts of self-defense
or defense of others." I understand that this reference
countenances appropriate acts of violence if they are in
self-defensive.
But certainly, this principle must apply to the area
of free speech as well, wherein, the freedom to respond to attacks made and
perpetuated by Sean Prophet, against my church, and against my person, must be
held as equally inviolable, as long as those responses are substantive and
civil, which the record shows that they are.
Your Honor, my communications never have been, nor
will they ever, be designed to harass anyone. I believe that I have good
ideas. The communication of good ideas for a legitimate purpose should
never by considered as meeting the definition of harassment. And
therefore, under the law, I do not believe that this court should grant the
relief sought by Mr. Prophet.
To challenge the untruths which Sean Prophet speaks
in great abundance from his public website, The Black Sun Journal, and to
continue to fulfill my duty to call him back to his original mission, which is
my duty, under the teachings of my church, I believe is constitutionally
protected activity under Section 2 and Section 4 of Article I of the
California Constitution.
In summing up, I would note that Mr. Prophet has a
simple remedy at his disposal if he does not like what I have to say, and that
is either to delete my emails upon arrival, or to fashion an email rule that
would dump them into the trash automatically upon arrival, wherein he would
not even have to see them. I would pose the question to the Court, why
did Mr. Prophet not take advantage of these far more simple
remedies? Why did he pull this situation into a court room, to
seek a restraining order? I believe it is because, at heart he
wants to enlist the assistance of the State to suppress the very act of
writing those emails, and moreover to enlist the assistance of the State in
the branding of my character, as a criminal. I pray, as before, that the
court will not cooperate.
It is true your honor, that if my communications
contained any kinds of threats against Mr. Prophet's person, where I have
consciously made him feel that his safety is in danger, then I would label
myself a criminal, and I would hold out my own hands for you to place the
cuffs on them yourself. But the facts go in entirely the opposite
direction. Your Honor has the full body of my emails to Sean Prophet
before you. As you can see for yourself, I have never written a word,
not one, that could be construed as a threat of personal injury. There
is only the expression of reasons why he should return to his mission, which
would be a great blessing to him and to our church. My benign vision for
Sean Prophet, can be summed up in a nutshell. I hold out the hope that
the epiphany given to the Christian-Killing Saul by the Master Jesus Christ,
will be given to Sean Prophet one day. Whereby, that great illumination
from on high, will turn him around totally. All of my writing points in
that direction.
I understand that it is not the province of this
court to place a stamp of approval on my religious beliefs. But it is
the province of this court, I believe, to protect my rights to express those
beliefs, and I believe, to uphold my right to legal avenues of
self-defense. The plaintiff , Mr. Prophet would cling to his own
constitutional rights to trash me and my church publically, while trying to
enlist the power of this court in an effort to deny my constitutional right to
respond directly (in a civil manner) to those attacks. I would propose
to the court that there is a major flaw in his agenda, and I would again ask
the court not to cooperate in the fulfillment of that agenda.
Your Honor, I respectfully request that this court
deny Mr. Prophet's petition for a restraining order against me, and that my
constitutionally protected right to speak freely, especially in self-defense,
remained unabridged, and that he be directed to pay compensation to me, that
will cover my time and expenses which were devoted to addressing the false and
exaggerated charges he has leveled at me in this
proceeding.