On the morning of July 16, 2004, oral arguments in the defamation/civil rights case against the China Press and Singtao Daily were heard in New York's Second Circuit Court of Appeals (address: 40 Foley Square, Manhattan). The lawsuit was filed by a group of Falun Gong practitioners in the metro New York area. Three judges, including Hr. Rosemary S. Pooler, Hr. Robert D. Sack and Hr. Reena Raggi heard the oral arguments. The hearing began at around 10:40 am and lasted about 50 minutes. Plaintiffs appealed to retain their rights of prosecution and for a revision of their complaints. The court will make the decision within six weeks.
Artist's sketch of courtroom |
The two attorneys, Sam Israel and Lana S. Han, immediately following the oral argument inside the courthouse. |
Plaintiffs' attorneys' excellent performance
First, plaintiffs' attorneys Mr. Sam Israel and Ms. Lana Han respectively stated the nature of this case from related articles of the law and the two newspapers' libel against Falun Gong: Over the past few years, the China Press and Singtao Daily have closely cooperated with the Chinese government to demonize Falun Gong overseas through media, which has directly harmed Falun Gong practitioners in the New York metro area. These acts included the hatred instigated in the New York Chinese community against local Falun Gong practitioners. As a consequence, Falun Gong practitioners have been discriminated against and even attacked in the Chinese community. Falun Gong practitioners' normal activities such as rallies and parades were interfered with and local police departments and other government officials had to mediate the situation.
Attorney Mr. N. Park who heard the oral argument in the court said that Attorney Sam Israel's statement and response to the judges' questions were solid and justifiable and his mind was clear and agile. Attorney Lana Han was very calm in responding to Judge Sack's rapid fire questions. She composedly explained to the judges the nature of this case; that is, the Chinese newspapers collaborated with the Chinese government in the suppression of Falun Gong. They helped export the slanderous lies overseas which directly harmed Falun Gong practitioners in the New York metro area.
Attorney Lana Han expressed to reporters that the Chinese media outlets abused the freedom of press in the United States to instigate hatred in the Chinese community against the belief in "Truthfulness-Compassion-Tolerance". The newspapers made their choice to become major tools for the persecution of Falun Gong practitioners in the New York area. This surpasses the range of press freedom and therefore should not be protected by the first amendment of the U.S. Constitution.
On the day of the oral argument, Falun Gong practitioners came early to the court where no seats were vacant, and in addition, several dozen seats were temperately added.
Practitioner Levi, who attended the hearing, said that the field of righteous thoughts was very strong. Instead of appearing aggressive, the judges attentively listened to our attorneys' statements. Although Judge Sack was persistent in his questions, under attorney Han's calm response, he attentively listened to Ms. Han's statement.
Anti-torture exhibition held outside the courthouse to expose the evil persecution
At the end of June, Falun Gong practitioners held an anti-torture exhibition in Foley Square opposing the courthouse. In the two days prior to the oral arguments, practitioners once again held the anti-torture exhibition. At noon, streams of people came and went. Through watching the live re-enactment of the torture methods used against Falun Gong practitioners, passersby obtained a direct knowledge about the five-year persecution of Falun Gong practitioners in China. One after another, people signed the petition, took the information packets and asked practitioners for more information.
In an experiences sharing, practitioners realised the importance of systematically clarifying the truth to the legal community. So many people work in legal circles, and they need to be made aware of the truth. This case provided a good opportunity. With practitioners' effort, law professors and federal judges got the opportunity to be exposed to the truth-clarifying information.
Defendants' attorney expresses that he is aware of the persecution of Falun Gong practitioners
After the oral arguments, some practitioners explained to attorney Floyd Abrams, who represented the defendant China Press, that the China Press is not an independent newspaper, but is a mouthpiece of the Jiang regime. Practitioners expressed their regret towards Mr. Abrams for his defence of the evildoers and that he would not feel good later on when looking back. Attorney Abrams expressed that he was aware of the Falun Gong practitioners' plight. He also honestly admitted in the court that the persecution of Falun Gong practitioners is worthy of sympathy.
What the legal team has learned
Some practitioners from New York and New Jersey voluntarily formed a legal team to be in charge of this case's development, updating others as well as sharing understandings with others in a timely manner. The legal team came to realise that in the process of Fa rectification, Teacher has cleared away tremendous amount of evil factors. Practitioners have become more and more mature and they have cooperated with each other more and more smoothly. Practitioners have a collective improvement in understanding the Fa. The power of righteous thoughts and righteous actions as an integrated entity made the oral arguments successful. The case itself shocked the evil a great deal. Over the past more than one year, the China Press has not published slanderous articles.
Practitioners utilised this case to broadly clarify the truth to the New York legal community. Together with other truth-clarifying activities, this has greatly helped the New York legal system to learn about how the Jiang group manipulated overseas Chinese media outlets to export the persecution to other countries. This further deepened their understanding of the persecution of Falun Gong in China.
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