Texas Appeals Court Affirms Christian Publishers’ First Amendment

HOUSTON — The Court of Appeals for the First District of Texas has ruled in favor of arguments advanced by Rutherford Institute attorneys on behalf of a group of Christian publishers and authors. Institute attorneys had submitted a “friend of the court” brief in defense of the right of publishers and authors to freely publicize matters of public concern without having to face costly defamation lawsuits. Filed on behalf of a group of leading Christian publishers and ministries that includes Moody Publishers, Gospel Light Books and the Christian Film and Television Commission, the Institute’s amicus brief came in response to a defamation lawsuit brought against Harvest House Publishers by a religious group known as The Local Church, which was referenced in a Harvest House book about cults. Insisting that the defamation lawsuit could only serve to chill the speech of individuals who wish to engage in open, robust discussion relating to matters of public concern, Institute attorneys had asked the court to dismiss the lawsuit and uphold the publisher’s First Amendment right to freedom of speech and press. The Court of Appeals’ ruling affirms the longstanding tradition in American law that publishers and authors have a right to freely publicize matters of public concern without having to face costly defamation lawsuits.

“We are pleased that the appeals court has affirmed the right of all publishers to freely contribute to the marketplace of ideas,” said John W. Whitehead, president of The Rutherford Institute. “This ruling reinforces the important principle that religion is one of the ‘great questions’ on which public discussions and debate must remain free, open and robust.”

In the introduction to their 700-page book, Encyclopedia of Cults and New Religions, published by Harvest House, authors John Ankerberg and John Weldon defined the word “cult” to be “a separate religious group generally claiming compatibility with Christianity but that adheres to select teachings that are theologically incompatible with teachings of the Bible.” Within the introduction, which provides an overview of cults and new religions in general, the authors also provided a list of characteristics of a hypothetical “perfect cult,” along with the qualifier that “[n]ot all groups have all the characteristics and not all groups have every characteristic in equal measure.” Nevertheless, the Local Church, which is mentioned a few times in the book yet never singled out as promoting or engaging in behavior attributed to some sects and cults, filed a lawsuit charging that the list of characteristics found in the introduction was defamatory. However, Institute attorneys maintained that the language found in the Harvest House book is protected by the free speech and press provisions found in the United States and Texas Constitutions. Commenting on the Appeals Court’s dismissal of the lawsuit, Bob Hawkins, Jr., president of Harvest House Publishers, stated, “We hope this ruling will encourage other authors, publishers and broadcasters to stand strong in their convictions and to continue engaging in responsible dialogue concerning controversial topics without fear of intimidating lawsuits.”

Founded in 1982 by constitutional attorney and author John W. Whitehead, The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.