The Satanic Wiki - User contributions [en]

Organizational Documents of The Satanic Temple

2024-06-10T07:17:14Z

Loukanikos:

The following is a list of known documents relating to the internal structure of The Satanic Temple (TST). This includes codes of conduct, non-disclosure agreements (NDAs), meeting notes, and other procedural documents created to outline the structure within TST at both a local and national level.

Be advised that many of the documents below are subject to revision and removal from internal circulation by the officers of TST, including the [[Executive Ministry]]. Consequently, the documents in this list may differ from the versions used by TST. If you are aware of a revised version of a process document, please contact the [[The Satanic Wiki:About|wiki administrator]].

== Codes of Conduct ==
Code of Conduct - General Membership (2022) ([[:File:TST Code of Conduct 20220312.pdf|PDF]])

Code of Conduct - General Membership (2021) ([[:File:TST-Code-of-Conduct-20210620.pdf|PDF]])

Code of Conduct - TST Virtual Headquarters Staff ([[:File:TST VHQ Code of Conduct (No Sig).pdf|PDF]])

== Congregation Handbooks ==
TST Alberta (2022) ([[:File:TST Alberta Operational Handbook.pdf|PDF]])

TST Arizona (ca. 2019) ([[:File:TST AZ Constitution.pdf|PDF]])

TST Atlanta (2022) ([[:File:TST Atlanta Handbook 2022.pdf|PDF]])

TST Austin (2022) ([[:File:2022-01-24 bylaws ATX.pdf|PDF]])

TST Delaware (2022) ([[:File:TST DE Congregation Documention v1-20221220.pdf|PDF]])

TST Northeast Gulf Coast (2022) ([[:File:TST-NEGCoast Congregation Operational Document.pdf|PDF]])

TST Oregon (2022) ([[:File:TST Oregon Congregation Constitution.pdf|PDF]])

TST Philadelphia and Eastern Pennsylvania (2022) ([[:File:ByLaws TSTPA-E V1.pdf|PDF]])

== Congregation Structure ==
Transformation Policy (2023) ([[:File:V.2023.02 Society of Congregations Transformation Policy.pdf|PDF]])

Transformation Policy (2022) ([[:File:V.2022.05 Society of Congregations Transformation Policy.pdf|PDF]])

Recognition and Onboarding Committee (ROC) Operational Document (2022) ([[:File:Recognition and Onboarding Committee Operational Document 1.pdf|PDF]])

Congregation Leadership Policy Document (2024) ([[:File:Congregation Leadership Policy Document.pdf|PDF]])

Sexually-Positive Event Guidelines (2021) ([[:File:TST-SoC Sexually-Positive Event Guidelines r.20210701.pdf|PDF]])

Social Media Guidelines (2024) ([[:File:TST Social Media Guidelines.pdf|PDF]])

Best Practice in Congregation Logos (2024) ([[:File:Best Practice in Congregation Logos.pdf|PDF]])

Candidate Facilitator Agreement (2024) ([[:File:Candidate Facilitator Agreement.pdf|PDF]])

== Contracts ==
Non-Disclosure Agreement - General (2018) ([[:File:TST Non-Disclosure Agreement - 2018 - redacted.pdf|PDF]])

== Ministry Documents ==
Conduct Agreement for Ministers of Satan Ordained By the Satanic Temple: Unofficial Companion Guide (2024) ([[:File:Minister-CoC(2024).pdf|PDF]])

Ordination Study Guide (2021) ([[:File:TST-Ordination-Study-Guide-20210320.pdf|PDF]])

== National Council Meeting Notes ==
Meeting Notes (6-24-2018) ([[:File:TST NC Meeting Agenda 2018-06-24.pdf|PDF]])

Meeting Notes (7-8-2018) ([[:File:NC Meeting Notes 2018-07-08.pdf|PDF]])

Meeting Notes (9-9-2018) ([[:File:NC Meeting Notes 2018-09-09.pdf|PDF]])

== National Council Announcements ==
Zeke, Cain, London Chapter ([[:File:TST NC Announcement - Zeke, Cain, London Chapter.pdf|PDF]])

Fundraising and Merchandise (3-17-2017) ([[:File:TST NC Announcement 2017-03-17 Fundraising and Merchandise.pdf|PDF]])

Marches and Rallies (4-23-2017) ([[:File:TST NC Announcement 2017-04-23 Marches and Rallies.pdf|PDF]])

Updated NDA and Affiliation Agreements (8-31-2018) ([[:File:TST NC Announcement 2018-08-31 Updated NDA and Affiliation Agreement.pdf|PDF]])

About the New NDAs and AAs (9-3-2018) ([[:File:TST NC Announcement 2018-09-03 About the new NDAs and AAs.pdf|PDF]])

== Other Documents ==
TST Organizational Hierarchy Structure (2-16-2018) ([[:File:TST Organizational Hierarchy Structure.pdf|PDF]])

Organizational Documents of The Satanic Temple

2024-06-10T07:07:05Z

Loukanikos: /* Congregation Handbooks */

The following is a list of known documents relating to the internal structure of The Satanic Temple (TST). This includes codes of conduct, non-disclosure agreements (NDAs), meeting notes, and other procedural documents created to outline the structure within TST at both a local and national level.

Be advised that many of the documents below are subject to revision and removal from internal circulation by the officers of TST, including the [[Executive Ministry]]. Consequently, the documents in this list may differ from the versions used by TST. If you are aware of a revised version of a process document, please contact the [[The Satanic Wiki:About|wiki administrator]].

== Codes of Conduct ==
Code of Conduct - General Membership (2022) ([[:File:TST Code of Conduct 20220312.pdf|PDF]])

Code of Conduct - General Membership (2021) ([[:File:TST-Code-of-Conduct-20210620.pdf|PDF]])

Code of Conduct - TST Virtual Headquarters Staff ([[:File:TST VHQ Code of Conduct (No Sig).pdf|PDF]])

Conduct Agreement for Ministers of Satan Ordained By the Satanic Temple: Unofficial Companion Guide (2024) ([[:File:Minister-CoC(2024).pdf|PDF]])

== Congregation Handbooks ==
TST Alberta (2022) ([[:File:TST Alberta Operational Handbook.pdf|PDF]])

TST Arizona (ca. 2019) ([[:File:TST AZ Constitution.pdf|PDF]])

TST Atlanta (2022) ([[:File:TST Atlanta Handbook 2022.pdf|PDF]])

TST Austin (2022) ([[:File:2022-01-24 bylaws ATX.pdf|PDF]])

TST Delaware (2022) ([[:File:TST DE Congregation Documention v1-20221220.pdf|PDF]])

TST Northeast Gulf Coast (2022) ([[:File:TST-NEGCoast Congregation Operational Document.pdf|PDF]])

TST Oregon (2022) ([[:File:TST Oregon Congregation Constitution.pdf|PDF]])

TST Philadelphia and Eastern Pennsylvania (2022) ([[:File:ByLaws TSTPA-E V1.pdf|PDF]])

== Congregation Structure ==
Transformation Policy (2023) ([[:File:V.2023.02 Society of Congregations Transformation Policy.pdf|PDF]])

Transformation Policy (2022) ([[:File:V.2022.05 Society of Congregations Transformation Policy.pdf|PDF]])

Recognition and Onboarding Committee (ROC) Operational Document (2022) ([[:File:Recognition and Onboarding Committee Operational Document 1.pdf|PDF]])

Congregation Leadership Policy Document (2024) ([[:File:Congregation Leadership Policy Document.pdf|PDF]])

Sexually-Positive Event Guidelines (2021) ([[:File:TST-SoC Sexually-Positive Event Guidelines r.20210701.pdf|PDF]])

Social Media Guidelines (2024) ([[:File:TST Social Media Guidelines.pdf|PDF]])

Best Practice in Congregation Logos (2024) ([[:File:Best Practice in Congregation Logos.pdf|PDF]])

Candidate Facilitator Agreement (2024) ([[:File:Candidate Facilitator Agreement.pdf|PDF]])

== Contracts ==
Non-Disclosure Agreement - General (2018) ([[:File:TST Non-Disclosure Agreement - 2018 - redacted.pdf|PDF]])

== National Council Meeting Notes ==
Meeting Notes (6-24-2018) ([[:File:TST NC Meeting Agenda 2018-06-24.pdf|PDF]])

Meeting Notes (7-8-2018) ([[:File:NC Meeting Notes 2018-07-08.pdf|PDF]])

Meeting Notes (9-9-2018) ([[:File:NC Meeting Notes 2018-09-09.pdf|PDF]])

== National Council Announcements ==
Zeke, Cain, London Chapter ([[:File:TST NC Announcement - Zeke, Cain, London Chapter.pdf|PDF]])

Fundraising and Merchandise (3-17-2017) ([[:File:TST NC Announcement 2017-03-17 Fundraising and Merchandise.pdf|PDF]])

Marches and Rallies (4-23-2017) ([[:File:TST NC Announcement 2017-04-23 Marches and Rallies.pdf|PDF]])

Updated NDA and Affiliation Agreements (8-31-2018) ([[:File:TST NC Announcement 2018-08-31 Updated NDA and Affiliation Agreement.pdf|PDF]])

About the New NDAs and AAs (9-3-2018) ([[:File:TST NC Announcement 2018-09-03 About the new NDAs and AAs.pdf|PDF]])

== Other Documents ==
TST Organizational Hierarchy Structure (2-16-2018) ([[:File:TST Organizational Hierarchy Structure.pdf|PDF]])

Organizational Documents of The Satanic Temple

2024-06-10T06:59:05Z

Loukanikos:

The following is a list of known documents relating to the internal structure of The Satanic Temple (TST). This includes codes of conduct, non-disclosure agreements (NDAs), meeting notes, and other procedural documents created to outline the structure within TST at both a local and national level.

Be advised that many of the documents below are subject to revision and removal from internal circulation by the officers of TST, including the [[Executive Ministry]]. Consequently, the documents in this list may differ from the versions used by TST. If you are aware of a revised version of a process document, please contact the [[The Satanic Wiki:About|wiki administrator]].

== Codes of Conduct ==
Code of Conduct - General Membership (2022) ([[:File:TST Code of Conduct 20220312.pdf|PDF]])

Code of Conduct - General Membership (2021) ([[:File:TST-Code-of-Conduct-20210620.pdf|PDF]])

Code of Conduct - TST Virtual Headquarters Staff ([[:File:TST VHQ Code of Conduct (No Sig).pdf|PDF]])

Conduct Agreement for Ministers of Satan Ordained By the Satanic Temple: Unofficial Companion Guide (2024) ([[:File:Minister-CoC(2024).pdf|PDF]])

== Congregation Handbooks ==
TST Alberta (2022) ([[:File:TST Alberta Operational Handbook.pdf|PDF]])

TST Atlanta (2022) ([[:File:TST Atlanta Handbook 2022.pdf|PDF]])

TST Austin (2022) ([[:File:2022-01-24 bylaws ATX.pdf|PDF]])

TST Delaware (2022) ([[:File:TST DE Congregation Documention v1-20221220.pdf|PDF]])

TST Northeast Gulf Coast (2022) ([[:File:TST-NEGCoast Congregation Operational Document.pdf|PDF]])

TST Oregon (2022) ([[:File:TST Oregon Congregation Constitution.pdf|PDF]])

TST Philadelphia and Eastern Pennsylvania (2022) ([[:File:ByLaws TSTPA-E V1.pdf|PDF]])

== Congregation Structure ==
Transformation Policy (2023) ([[:File:V.2023.02 Society of Congregations Transformation Policy.pdf|PDF]])

Transformation Policy (2022) ([[:File:V.2022.05 Society of Congregations Transformation Policy.pdf|PDF]])

Recognition and Onboarding Committee (ROC) Operational Document (2022) ([[:File:Recognition and Onboarding Committee Operational Document 1.pdf|PDF]])

Congregation Leadership Policy Document (2024) ([[:File:Congregation Leadership Policy Document.pdf|PDF]])

Sexually-Positive Event Guidelines (2021) ([[:File:TST-SoC Sexually-Positive Event Guidelines r.20210701.pdf|PDF]])

Social Media Guidelines (2024) ([[:File:TST Social Media Guidelines.pdf|PDF]])

Best Practice in Congregation Logos (2024) ([[:File:Best Practice in Congregation Logos.pdf|PDF]])

Candidate Facilitator Agreement (2024) ([[:File:Candidate Facilitator Agreement.pdf|PDF]])

== Contracts ==
Non-Disclosure Agreement - General (2018) ([[:File:TST Non-Disclosure Agreement - 2018 - redacted.pdf|PDF]])

== National Council Meeting Notes ==
Meeting Notes (6-24-2018) ([[:File:TST NC Meeting Agenda 2018-06-24.pdf|PDF]])

Meeting Notes (7-8-2018) ([[:File:NC Meeting Notes 2018-07-08.pdf|PDF]])

Meeting Notes (9-9-2018) ([[:File:NC Meeting Notes 2018-09-09.pdf|PDF]])

== National Council Announcements ==
Zeke, Cain, London Chapter ([[:File:TST NC Announcement - Zeke, Cain, London Chapter.pdf|PDF]])

Fundraising and Merchandise (3-17-2017) ([[:File:TST NC Announcement 2017-03-17 Fundraising and Merchandise.pdf|PDF]])

Marches and Rallies (4-23-2017) ([[:File:TST NC Announcement 2017-04-23 Marches and Rallies.pdf|PDF]])

Updated NDA and Affiliation Agreements (8-31-2018) ([[:File:TST NC Announcement 2018-08-31 Updated NDA and Affiliation Agreement.pdf|PDF]])

About the New NDAs and AAs (9-3-2018) ([[:File:TST NC Announcement 2018-09-03 About the new NDAs and AAs.pdf|PDF]])

== Other Documents ==
TST Organizational Hierarchy Structure (2-16-2018) ([[:File:TST Organizational Hierarchy Structure.pdf|PDF]])

The Satanic Wiki

2024-06-10T06:58:16Z

Loukanikos: cleaning up Organization category

== '''Welcome to the {{SITENAME}}!''' ==
This is a repository of crowd-sourced information about Satanism. We're a collaborative community website about Satanism that anyone, including you, can build and expand. Wikis like this one depend on readers getting involved and adding content. Click [[Special:CreatePage|here]] or the "Edit Source" button at the top of any page to get started!

There is no affiliation with [[The Church of Satan]] or [[The Satanic Temple]].

: <big>"Let us stand now, unbowed and unfettered by arcane doctrines born of fearful minds in darkened times. Let us embrace the Luciferian impulse to eat of the Tree of Knowledge and dissipate our blissful and comforting delusions of old. Let us demand that individuals be judged for their concrete actions, not their fealty to arbitrary social norms and illusory categorizations. Let us reason our solutions with agnosticism in all things, holding fast only to that which is demonstrably true. Let us stand firm against any and all arbitrary authority that threatens the personal sovereignty of One or All. '''That which will not bend must break, and [https://quoteinvestigator.com/2016/03/13/destroy/ that which can be destroyed by truth should never be spared its demise]'''. It is Done. Hail Satan.</big>"<ref>[https://www.instagram.com/p/BX2w4qNhv9Y/? TST Invocation], 2017</ref>

==Table of Contents==
'''Major Corporate Entities'''
* For-profit: [[United Federation_of_Churches,_LLC|United Federation of Churches, LLC]], d/b/a "The Satanic Temple"
* Nonprofit church: [[The Satanic_Temple_Inc|The Satanic Temple Inc]], formerly registered as "The Satanic Temple"
* Nonprofit: [[Reason Alliance, Ltd]]
* For-profit: [[64 Bridge LLC]], d/b/a "Salem Art Gallery"
* For-profit: [[Winstonian Enterprises Ltd]], owner and operator of "The Satanic Estate" and its TST Virtual Headquarters
* For-profit: [[Cinephobia LLC]], owner of TheSatanicTemple.TV
* For-profit: [[Spectacle Films_Inc|Spectacle Films Inc]]
 
'''Key People'''
* [[Doug Misicko|Douglas Alexander Misicko]], TST co-founder and owner, who also commonly uses pseudonyms "Lucien Greaves"" and "Doug Mesner"
* [[Cevin Soling|Cevin D. Soling]], TST co-founder and owner, who also uses pseudonym "Malcolm Jarry" for the Temple
* [[Matthew Kezhaya|Matthew Kezhaya]], lawyer
* [[William James MacNaughton|W. James MacNaughton]], lawyer
* [[Greg Stevens]], head of [[TST Ministry]], who formerly used the psuedonym "Priest Penemue"

'''Other figures'''
* [[Stu de Haan]], lawyer and former TST Arizona chapter head
* [[David Guinan]], one-time TST collaborator, who used the pseudonym "Nicholas Crowe" for the ''[[Hail Satan?]]'' film
* [[Shane Bugbee]], one-time TST collaborator and longtime friend of Misicko prior to TST's founding
* [[Brian Werner]], first TST "high priest" in June 2013 who left the org in December 2014
* [[Zach Black]], former Church of Satan member and former Portland Chapter head
* [[Adam Parfrey]], publisher of [[Feral House]] books and TST collaborator prior to his death
* [[Jex Blackmore]], former Detroit chapter head and former national spokesperson
* [[Dex Desjardins]], former Albany chapter head and member of International Council
* [[Sarah Ponto Rivera]], former head of [[Grey Faction]], former member of International Council
* [[Chalice Blythe]], former head of [[TST Utah]]
* [[Evan Anderson]], head of Grey Faction
* [[Hollow Axis]], head of TST security
* [[Happy Endings]], prominent member of Chicago chapter and serial filer of pro se First Amendment lawsuits
* [[Mercy Maelica]], assistant to Executive Ministry at [[64 Bridge LLC|The Satanic Temple HQ]]
* [[Stephen Bradford Long]], host of [[Sacred Tension]] podcast and sponsored propagandist
* [[June Everett]], head of [[After School Satan clubs]] national campaign.
* [[Erin Helian]], Executive Director of Campaigns and Reproductive Rights for The Satanic Temple and Reason Alliance.

 
'''Organizational Structure'''
* [https://pbs.twimg.com/media/FeWKWh-aAAAVZjJ?format=jpg&name=large "Transformed" internal structure](2021 - incomplete)
* [[Executive Ministry|Executive Ministry]]
* [[Chapters|Chapters]] (now Congregations)
* [[Schisms]]
* [[Organizational Documents of The Satanic Temple]]
 
'''Other pages'''
* [[The ABCs of the Alphabet]]
* [[Might Is Right 24-Hour Radio Special]]
* [[Seven Tenets]]
* The Satanic Temple's [[The_Satanic_Temple#For-Profit Corporation Lawsuits|for-profit corporation lawsuits]]
* The Satanic Temple's [[The_Satanic_Temple#Nonprofit Church Lawsuits|non-profit corporation lawsuits]]

== References ==

Organizational Documents of The Satanic Temple

2024-06-10T06:47:42Z

Loukanikos: Additional document links and categories

The following is a list of known documents relating to the internal structure of The Satanic Temple (TST). This includes codes of conduct, non-disclosure agreements (NDAs), meeting notes, and other procedural documents created to outline the structure within TST at both a local and national level.

Be advised that many of the documents below are subject to revision and removal from internal circulation by the officers of TST, including the [[Executive Ministry]]. Consequently, the documents in this list may differ from the versions used by TST. If you are aware of a revised version of a process document, please contact the [[The Satanic Wiki:About|wiki administrator]].

== Codes of Conduct ==
Code of Conduct - General Membership (2022) ([[:File:TST Code of Conduct 20220312.pdf|PDF]])

Code of Conduct - General Membership (2021) ([[:File:TST-Code-of-Conduct-20210620.pdf|PDF]])

Code of Conduct - TST Virtual Headquarters Staff ([[:File:TST VHQ Code of Conduct (No Sig).pdf|PDF]])

Conduct Agreement for Ministers of Satan Ordained By the Satanic Temple: Unofficial Companion Guide (2024) ([[:File:Minister-CoC(2024).pdf|PDF]])

== Congregation Handbooks ==
TST Alberta (2022) ([[:File:TST Alberta Operational Handbook.pdf|PDF]])

TST Atlanta (2022) ([[:File:TST Atlanta Handbook 2022.pdf|PDF]])

TST Austin (2022) ([[:File:2022-01-24 bylaws ATX.pdf|PDF]])

TST Delaware (2022) ([[:File:TST DE Congregation Documention v1-20221220.pdf|PDF]])

TST Northeast Gulf Coast (2022) ([[:File:TST-NEGCoast Congregation Operational Document.pdf|PDF]])

TST Oregon (2022) ([[:File:TST Oregon Congregation Constitution.pdf|PDF]])

TST Philadelphia and Eastern Pennsylvania (2022) ([[:File:ByLaws TSTPA-E V1.pdf|PDF]])

== Congregation Structure ==
Transformation Policy (2023) ([[:File:V.2023.02 Society of Congregations Transformation Policy.pdf|PDF]])

Transformation Policy (2022) ([[:File:V.2022.05 Society of Congregations Transformation Policy.pdf|PDF]])

Recognition and Onboarding Committee (ROC) Operational Document (2022) ([[:File:Recognition and Onboarding Committee Operational Document 1.pdf|PDF]])

Congregation Leadership Policy Document (2024) ([[:File:Congregation Leadership Policy Document.pdf|PDF]])

Sexually-Positive Event Guidelines (2021) ([[:File:TST-SoC Sexually-Positive Event Guidelines r.20210701.pdf|PDF]])

Social Media Guidelines (2024) ([[:File:TST Social Media Guidelines.pdf|PDF]])

Best Practice in Congregation Logos (2024) ([[:File:Best Practice in Congregation Logos.pdf|PDF]])

Candidate Facilitator Agreement (2024) ([[:File:Candidate Facilitator Agreement.pdf|PDF]])

== Contracts ==
Non-Disclosure Agreement - General (2018) ([[:File:TST Non-Disclosure Agreement - 2018 - redacted.pdf|PDF]])

== National Council Meeting Notes ==
Meeting Notes (6-24-2018) ([[:File:TST NC Meeting Agenda 2018-06-24.pdf|PDF]])

Meeting Notes (7-8-2018) ([[:File:NC Meeting Notes 2018-07-08.pdf|PDF]])

Meeting Notes (9-9-2018) ([[:File:NC Meeting Notes 2018-09-09.pdf|PDF]])

== National Council Announcements ==
Zeke, Cain, London Chapter ([[:File:TST NC Announcement - Zeke, Cain, London Chapter.pdf|PDF]])

Fundraising and Merchandise (3-17-2017) ([[:File:TST NC Announcement 2017-03-17 Fundraising and Merchandise.pdf|PDF]])

Marches and Rallies (4-23-2017) ([[:File:TST NC Announcement 2017-04-23 Marches and Rallies.pdf|PDF]])

Updated NDA and Affiliation Agreements (8-31-2018) ([[:File:TST NC Announcement 2018-08-31 Updated NDA and Affiliation Agreement.pdf|PDF]])

About the New NDAs and AAs (9-3-2018) ([[:File:TST NC Announcement 2018-09-03 About the new NDAs and AAs.pdf|PDF]])

Organizational Documents of The Satanic Temple

2024-06-10T06:21:40Z

Loukanikos:

Organizational Documents of The Satanic Temple

2024-06-10T06:04:56Z

Loukanikos: New page, content WIP

The Satanic Wiki

2024-06-10T05:26:16Z

Loukanikos: /* Table of Contents */ Adding link to specific page for organizational documents

== '''Welcome to the {{SITENAME}}!''' ==
This is a repository of crowd-sourced information about Satanism. We're a collaborative community website about Satanism that anyone, including you, can build and expand. Wikis like this one depend on readers getting involved and adding content. Click [[Special:CreatePage|here]] or the "Edit Source" button at the top of any page to get started!

There is no affiliation with [[The Church of Satan]] or [[The Satanic Temple]].

: <big>"Let us stand now, unbowed and unfettered by arcane doctrines born of fearful minds in darkened times. Let us embrace the Luciferian impulse to eat of the Tree of Knowledge and dissipate our blissful and comforting delusions of old. Let us demand that individuals be judged for their concrete actions, not their fealty to arbitrary social norms and illusory categorizations. Let us reason our solutions with agnosticism in all things, holding fast only to that which is demonstrably true. Let us stand firm against any and all arbitrary authority that threatens the personal sovereignty of One or All. '''That which will not bend must break, and [https://quoteinvestigator.com/2016/03/13/destroy/ that which can be destroyed by truth should never be spared its demise]'''. It is Done. Hail Satan.</big>"<ref>[https://www.instagram.com/p/BX2w4qNhv9Y/? TST Invocation], 2017</ref>

==Table of Contents==
'''Major Corporate Entities'''
* For-profit: [[United Federation_of_Churches,_LLC|United Federation of Churches, LLC]], d/b/a "The Satanic Temple"
* Nonprofit church: [[The Satanic_Temple_Inc|The Satanic Temple Inc]], formerly registered as "The Satanic Temple"
* Nonprofit: [[Reason Alliance, Ltd]]
* For-profit: [[64 Bridge LLC]], d/b/a "Salem Art Gallery"
* For-profit: [[Winstonian Enterprises Ltd]], owner and operator of "The Satanic Estate" and its TST Virtual Headquarters
* For-profit: [[Cinephobia LLC]], owner of TheSatanicTemple.TV
* For-profit: [[Spectacle Films_Inc|Spectacle Films Inc]]
 
'''Key People'''
* [[Doug Misicko|Douglas Alexander Misicko]], TST co-founder and owner, who also commonly uses pseudonyms "Lucien Greaves"" and "Doug Mesner"
* [[Cevin Soling|Cevin D. Soling]], TST co-founder and owner, who also uses pseudonym "Malcolm Jarry" for the Temple
* [[Matthew Kezhaya|Matthew Kezhaya]], lawyer
* [[William James MacNaughton|W. James MacNaughton]], lawyer
* [[Greg Stevens]], head of [[TST Ministry]], who formerly used the psuedonym "Priest Penemue"

'''Other figures'''
* [[Stu de Haan]], lawyer and former TST Arizona chapter head
* [[David Guinan]], one-time TST collaborator, who used the pseudonym "Nicholas Crowe" for the ''[[Hail Satan?]]'' film
* [[Shane Bugbee]], one-time TST collaborator and longtime friend of Misicko prior to TST's founding
* [[Brian Werner]], first TST "high priest" in June 2013 who left the org in December 2014
* [[Zach Black]], former Church of Satan member and former Portland Chapter head
* [[Adam Parfrey]], publisher of [[Feral House]] books and TST collaborator prior to his death
* [[Jex Blackmore]], former Detroit chapter head and former national spokesperson
* [[Dex Desjardins]], former Albany chapter head and member of International Council
* [[Sarah Ponto Rivera]], former head of [[Grey Faction]], former member of International Council
* [[Chalice Blythe]], former head of [[TST Utah]]
* [[Evan Anderson]], head of Grey Faction
* [[Hollow Axis]], head of TST security
* [[Happy Endings]], prominent member of Chicago chapter and serial filer of pro se First Amendment lawsuits
* [[Mercy Maelica]], assistant to Executive Ministry at [[64 Bridge LLC|The Satanic Temple HQ]]
* [[Stephen Bradford Long]], host of [[Sacred Tension]] podcast and sponsored propagandist
* [[June Everett]], head of [[After School Satan clubs]] national campaign.
* [[Erin Helian]], Executive Director of Campaigns and Reproductive Rights for The Satanic Temple and Reason Alliance.

 
'''Organizational Structure'''
* [[Media:TST Organizational Hierarchy Structure.pdf|Internal structure]] (2018)
* [[:File:TST-Code-of-Conduct-20210620.pdf|TST Code of Conduct]] (June 2021)
* [https://pbs.twimg.com/media/FeWKWh-aAAAVZjJ?format=jpg&name=large "Transformed" internal structure](2021 - incomplete)
* [[Executive Ministry|Executive Ministry]]
* [[Chapters|Chapters]] (now Congregations)
* [[Schisms]]
* [[Organizational Documents of The Satanic Temple]]
 
'''Other pages'''
* [[The ABCs of the Alphabet]]
* [[Might Is Right 24-Hour Radio Special]]
* [[Seven Tenets]]
* The Satanic Temple's [[The_Satanic_Temple#For-Profit Corporation Lawsuits|for-profit corporation lawsuits]]
* The Satanic Temple's [[The_Satanic_Temple#Nonprofit Church Lawsuits|non-profit corporation lawsuits]]

== References ==

Seven Tenets

2024-05-28T06:45:24Z

Loukanikos: addition of copyright status of the tenets per US copyright office

As of 2021, The Satanic Temple describes itself as having "seven fundamental tenets."

=The Satanic Temple=
==Nine Fundamental Tenets (original)==
First appearing in January 2013, an archived version of The Satanic Temple's website indicates there were originally nine fundamental tenets, apparently aligning more closely with the [[Nine Satanic Statements]] and [[Nine Satanic Sins]] as described by [[Anton LaVey]] in his book, '''[[The Satanic Bible]]'''.<ref>[https://web.archive.org/web/20130116090744/http://www.thesatanictemple.com/fundamental-tenets-of-the-satanic-temple/ TheSatanicTemple.com], Jan. 16, 2013</ref><ref>[https://web.archive.org/web/20130116090744/http://www.thesatanictemple.com/fundamental-tenets-of-the-satanic-temple/ TheSatanicTemple.com], March 22, 2013</ref>
:There are nine fundamental tenets — with nine being a significant Satanic number. Each tenet is represented by one of the choir of nine Angels sent from Heaven to oversee Earth.
# People should be guided by compassion and wisdom and follow the golden rule of “do unto others as you would have them do unto you.”
# The Circle of Compassion should extend to all species, not just humans.
# People are fallible, and although we should all try to do our best, poor judgment is inevitable. If we make a mistake, we should do our best to rectify it, and resolve any harm that may have been caused by our misdeeds.
# The Satanist should ever be self-reflective.
# '''All life is precious in the eyes of Satan.'''
# The freedoms of others should be respected, even the freedom to offend, but great care should be exercised to avoid wrongly encroaching on the freedoms of others.
# There are things we don’t understand, and it is appropriate to acknowledge that. It is not appropriate, however, to be proud of ignorance.
# While proselytizing might have noble intent, it is not acceptable to coerce or push your beliefs on others. It is always best to lead by example.
# Every tenet is a '''guiding principle to designed to''' inspire nobility in action and thought. The spirit of compassion and wisdom should always prevail over the written or spoken word.

==Nine Fundamental Tenets (June 2013)==
Sometime between March 2013 and June 2013, the tenets changed but remained nine in number. Notably, a reference to "Satan" as if he were an actual entity was removed during this time and a minor typo was corrected.<ref>[https://web.archive.org/web/20130620172850/http://www.thesatanictemple.com:80/ TheSatanicTemple.com], June 20, 2013</ref>
:There are nine fundamental tenets — with nine being a significant Satanic number. Each tenet is represented by one of the choir of nine Angels sent from Heaven to oversee Earth.
# People should be guided by compassion and wisdom and follow the golden rule of “do unto others as you would have them do unto you.”
# The Circle of Compassion should extend to all species, not just humans.
# People are fallible, and although we should all try to do our best, poor judgment is inevitable. If we make a mistake, we should do our best to rectify it, and resolve any harm that may have been caused by our misdeeds.
# The Satanist should ever be self-reflective.
# '''Our beliefs should conform to our best scientific understanding of the world. We should take care never to distort scientific facts to fit our beliefs.'''
# The freedoms of others should be respected, even the freedom to offend, '''but great care should be exercised to avoid wrongly encroaching on the freedoms of others.'''
# There are things we don’t understand, and it is appropriate to acknowledge that. It is not appropriate, however, to be proud of ignorance.
# While proselytizing might have noble intent, it is not acceptable to coerce or push your beliefs on others. It is always best to lead by example.
# Every tenet is a '''guiding principle designed to''' inspire nobility in action and thought. The spirit of compassion and wisdom should always prevail over the written or spoken word.

==Nine Fundamental Tenets (July 2013)==
By July 2013, the tenets remained the same number but had been revised yet again.<ref>[https://web.archive.org/web/20130722144553/http://www.thesatanictemple.com/ TheSatanicTemple.com], July 22, 2013</ref>
:There are nine fundamental tenets — with nine being a significant Satanic number. Each tenet is represented by one of the choir of nine Angels sent from Heaven to oversee Earth.
# '''Strive to act with compassion and reciprocity toward all creatures in accordance with reason.'''
# '''The struggle for justice is an ongoing pursuit.'''
# People are fallible, and although we should all try to do our best, poor judgment is inevitable. If we make a mistake, we should do our best to rectify it, and resolve any harm that may have been caused by our misdeeds.
# '''One’s body is inviolable, subject to one’s own will alone.'''
# Beliefs should conform to our best scientific understanding of the world. We should take care never to distort scientific facts to fit our beliefs.
# The freedoms of others should be respected, even the freedom to offend. To willfully encroach upon the freedoms of another is to forego your own.
# '''There are, and will continue to be, things unknown and misunderstood. We must recognize this, never taking pride in ignorance, never assuming the unknown to be forever unknowable.'''
# While proselytizing might have noble intent, it is not acceptable to coerce or push your beliefs on others. It is always best to lead by example.
# Every tenet is a guiding principle designed to inspire nobility in action and thought. The spirit of compassion and wisdom should always prevail over the written or spoken word.

==Seven Fundamental Tenets (January 2014)==
Between December 2013 and January 2014, the tenets were reduced from nine to seven, where they have remained ever since. Tenet seven ("things unknown and misunderstood") and eight ("proselytizing might have noble intent") were dropped.<ref>[https://web.archive.org/web/20140115192324/http://www.thesatanictemple.com/ TheSatanicTemple.com], Jan. 15, 2014</ref>
:There are seven fundamental tenets.
# One should strive to act with compassion and empathy towards all creatures in accordance with reason.
# The struggle for justice is an ongoing and necessary pursuit that should prevail over laws and institutions.
# One’s body is inviolable, subject to one’s own will alone.
# The freedoms of others should be respected, including the freedom to offend. To willfully and unjustly encroach upon the freedoms of another is to forego your own.
# Beliefs should conform to our best scientific understanding of the world. We should take care never to distort scientific facts to fit our beliefs.
# People are fallible. If we make a mistake, we should do our best to rectify it and resolve any harm that may have been caused.
# Every tenet is a guiding principle designed to inspire nobility in action and thought. The spirit of compassion, wisdom, and justice should always prevail over the written or spoken word.

==Seven Fundamental Tenets (September 2017-Present)==
By September 2017, TST had slightly updated their tents to be in the third person singular rather than second-person and first-person plural ("your", "our").
:There are seven fundamental tenets.
# One should strive to act with compassion and empathy toward all creatures in accordance with reason.
# The struggle for justice is an ongoing and necessary pursuit that should prevail over laws and institutions.
# One’s body is inviolable, subject to one’s own will alone.
# The freedoms of others should be respected, including the freedom to offend. To willfully and unjustly encroach upon the freedoms of another is to forgo '''one's''' own.
# Beliefs should conform to '''one's''' best scientific understanding of the world. '''One''' should take care never to distort scientific facts to fit '''one''''s beliefs.
# People are fallible. If '''one''' makes a mistake, '''one''' should do one's best to rectify it and resolve any harm that '''might have been''' caused.
# Every tenet is a guiding principle designed to inspire nobility in action and thought. The spirit of compassion, wisdom, and justice should always prevail over the written or spoken word.

=Reason Alliance Ltd.=
==Values (2016)==
In parallel, the 501(c)3 nonprofit [[Reason Alliance Ltd.]] also published a list of its own tenets/values, closely mirroring The Satanic Temple's, as both the for-profit [[United Federation of Churches, LLC]] and Reason Alliance were legally formed in 2014 by [[Cevin Soling]] and [[Doug Misicko]]. This was largely similar to the January 2014 version of TST's seven tenets, but still used "we/our/your" rather than "one/one's" in some places, and the first half of the seventh tenet was moved to a prologue for the rest of the values.<ref>[https://web.archive.org/web/20161024235510/https://reasonalliance.com/ Archive.org], ReasonAlliance.com, Oct. 24, 2016</reF>
:Our tenets are our guiding principles, designed to inspire nobility in action and thought:
# One should strive to act with compassion and empathy toward all creatures in accordance with reason.
# The struggle for justice is an ongoing and necessary pursuit that should prevail over laws and institutions.
# One’s body is inviolable and subject to one’s own will alone.
# We must respect the freedoms of others, including the freedom to offend. To willfully and unjustly encroach upon the freedoms of another is to forgo your own.
# Beliefs should conform to our best scientific understanding of the world. We must take care to never distort scientific facts to fit our beliefs.
# People are fallible. If we make a mistake, we should do our best to rectify it and resolve any harm caused.
# The spirit of compassion, wisdom, and justice should always prevail over the written and spoken word.

==Values (August 2020)==
By August 2020, following a site redesign, the tenets were moved their own section under "values we promote", and language was slightly modified to better align with TST's version of the tenets.<ref>[https://web.archive.org/web/20200811125655/https://www.reasonalliance.com/about-us.html Archive.org], ReasonAlliance.com "About Us", Aug. 11, 2020</ref>
:Our tenets are our guiding principles, designed to inspire nobility in action and thought:
* One should strive to act with compassion and empathy '''towards''' all creatures in accordance with reason.
* The struggle for justice is an ongoing and necessary pursuit that should prevail over laws and institutions.
* One’s body is inviolable''',''' subject to one’s own will alone.
* '''The freedoms of others should be''' respected, including the freedom to offend. To willfully and unjustly encroach upon the freedoms of another is to forgo one's own.
* Beliefs should conform to our best scientific understanding of the world. We '''should''' take care '''never to''' distort scientific facts to fit our beliefs.
* People are fallible. If we make a mistake, we should do our best to rectify it and '''remediate''' any harm '''that may have been''' caused.
* '''Every tenet is a guiding principle designed to inspire nobility in action and thought.''' The spirit of compassion, wisdom, and justice should always prevail over the written '''or''' spoken word.

==Values (November 2020-Present)==
With a site update in the fall of 2020, the order of the values were desynced from TST's and "tenet" was finally replaced.<ref>[https://web.archive.org/web/20201124230302/https://www.reasonalliance.com/ Archive.org], ReasonAlliance.com, Nov. 20, 2020</ref>
* One should strive to act with compassion and empathy toward all creatures in accordance with reason.
* Beliefs should conform to one’s best scientific understanding of the world. One should take care never to distort scientific facts to fit one’s beliefs.
* People are fallible. If one makes a mistake, one should do one’s best to rectify it and resolve any harm that might have been caused.
* One’s body is inviolable, subject to one’s own will alone.
* The struggle for justice is an ongoing and necessary pursuit that should prevail over laws and institutions.
* Every '''value''' is a guiding principle designed to inspire nobility in action and thought. The spirit of compassion, wisdom, and justice should always prevail over the written or spoken word.
* The freedoms of others should be respected, including the freedom to offend. To willfully and unjustly encroach upon the freedoms of another is to forgo one’s own.

== Intellectual Property Status ==
In the US Copyright Office, "The Seven Tenets of The Satanic Temple" are registered as a text created in 2013 and owned by the claimant "The Satanic Temple."<ref>[https://publicrecords.copyright.gov/detailed-record/31231761 PublicRecords.Copyright.gov], May 27, 2024</ref> It is unclear as to which corporate entity this refers.

=References=
<references />

United Federation of Churches LLC v. Johnson et al

2023-02-20T06:31:01Z

Loukanikos: /* Dismissal */

{{Lawsuits

| title={{PAGENAME}}

| image=

| caption=

| filedate=4/3/2020

| jurisdiction=US District Court for the Western District of Washington

| plaintiff=United Federation of Churches LLC

| defendant=David Alan Johnson, Nathan Sullivan, Leah Fishbaugh, Mickey Joshua Powell (formerly Mickey Meehan)

| intervenor=N/A

| state=Washington

| case=2:20-cv-00509

| result=Dismissed

| appeal1=Ongoing
| appeal2=N/A
| appeal3=N/A
| finalresult=N/A
}}
'''United Federation of Churches LLC v. Johnson et al''' is an ongoing federal court case filed April 3, 2020, by the for-profit corporation [[United Federation of Churches LLC]] d/b/a "The Satanic Temple," against four former members of the religion [[The Satanic Temple]] who had previously been members of the religion's local chapter based in Seattle, WA.<ref>[https://www.gofundme.com/f/legal-fund-for-victims-of-satanic-temple1 GoFundMe.com], ''Legal Fund for Victims of Satanic Temple''</ref>

The defendants have characterized the case as an example of a SLAPP or "Strategic Lawsuit Against Public Participation", an opinion shared by other legal analysts who have reviewed the suit and observers who have seen the Temple's subsequent legal action and threats against other critics.<ref>[https://www.newsweek.com/orgies-harassment-fraud-satanic-temple-rocked-accusations-lawsuit-1644042, Newsweek.com], "Orgies, Harassment, Fraud: Satanic Temple Rocked by Accusations, Lawsuit"

''The defendants say the case has devolved to a meritless S.L.A.P.P. (Strategic Lawsuit Against Public Participation) lawsuit as a way to bankrupt them for speaking out.'' </ref><ref>Social Actuality, "[https://www.socialactuality.com/post/schism-the-satanic-temple-a-lawsuit-and-the-necessity-of-clear-minded-settlement Schism – The Satanic Temple, a Lawsuit, and the Necessity of Clear Minded Settlement]", Jan. 18, 2022 (last updated April 20, 2022)

''While I may question the wisdom of some of the defendant’s actions, I also question TST’s bringing of plainly frivolous claims (for which the public also suffers harm, as even frivolous claims require precious court resources to litigate) and their general litigation tactics. For example, why weren’t the Dilution and Trespass to Chattels/Conversion claims pleaded in the initial complaint? It seems clear to me that nothing was preventing those claims from being pleaded at that time, so why wait? It creates the impression that TST is not legitimately seeking remedies for any harm caused, but is instead employing litigation in a “process as punishment” tactic to sap the defendants resources and induce what I’m sure is a significant amount of stress into their day-to-day lives. By dragging the defendants through the civil court system, TST may simply be attempting to get back at the defendants in a tit-for-tat conflict which has now spanned the course of 21 months and counting.''</ref><ref>Mike Dunford (@questauthority), [https://twitter.com/questauthority/status/1519149076251615232 Twitter.com], April 26, 2022

''I read The Satanic Temple’s complaint on stream tonight. It’s been a while since I was so irate about a case. The complaint itself is SLAPPy as hell; the claims are embarrassingly weak.''

''And, in my view, uses litigation to dox and harass former members.''

''And, to be clear, it’s not even harassing and doxing former members who are parties to the suit; it’s doxing and harassing former members who were sources in the article it’s suing over.''

''This is a bad lawsuit. The lawyers who filed it are bad for filing it. And they should feel bad about themselves.''

''I read the Newsweek article that TST is suing over. That made me think that they were an organization having a commonplace internal splat.''

''Their complaint in the suit made me think that their leaders are vindictive little turdbuckets who should be ostracized from polite society.''</ref> The Satanic Temple and its supporters dispute this characterization, considering it defamation they are willing to sue over, which they have followed through on at least twice.<ref>[[The Satanic Temple, Inc. v. Newsweek Magazine LLC]], [https://www.courtlistener.com/docket/63011247/1/the-satanic-temple-inc-v-newsweek-magazine-llc/ Complaint], Feb. 16, 2022

''45. The article states: “Meanwhile some members wondered why an organization like TST would go after four Seattleites with very modest means while it had bigger fish to fry elsewhere.” Exhibit 1 at 13. Together with the rest of the article, this statement implies that TST’s lawsuit against the Johnson defendants is rooted in a greater policy to harass dissenters, to the exclusion of being rooted in a fiduciary obligation to safeguard TST’s property. This statement and its implications are false and defamatory as follows.''

''46. It is false to assert that TST harasses dissenters, either as a general policy or specific to the Johnson defendants. The Johnson lawsuit would never have happened if they had simply returned TST’s property upon demand.''

''47. The assertion is also defamatory. It urges the public to refrain from associating with TST for fear that they will be the next target of harassment and to refrain from donating to TST for fear that the funds will be wasted on a frivolous lawsuit.''</ref><ref>[[Satanic Temple, Inc v. Jessica Snow]], [https://the.satanic.wiki/images/7/78/D-1-GN-22-006797_-_Plaintiff%27s_Original_Petition_w_Ex_76AC6EC7_-_2022-11-23.pdf Complaint], filed Nov. 23, 2022

''11. Similarly, Defendant Snow stated that TST “is suing former members to make them be quiet about the stuff they experienced while in the Temple.” In fact, TST sued some former members because they stole property from TST and – using that stolen property – channeled provably false and harmful statements to TST’s members to divert funds from those members to a new competitor organization. This is defamatory because it inaccurately paints TST as an abusive organization and tends to diminish the public trust in TST as a religious organization''</ref>

On January 9, 2023, the judge granted a final motion to dismiss in accordance with FRCP 12(b)(1) (lack of subject matter jurisdiction).

On January 24, 2023, The Satanic Temple filed a notice of appeal of this judgment.

= Background =
[in progress]

= Original Complaint =
In its original filing, The Satanic Temple levied five complaints against the defendants, alleging two violations under federal law and three under Washington State law:

* [https://www.law.cornell.edu/uscode/text/18/1030 Computer Fraud and Abuse Act] (CFAA)
* Cyberpiracy per [https://www.law.cornell.edu/uscode/text/15/1125 USC 1125(d)]
* Tortious interference with business expectancy
* Violation of Washington's [https://apps.leg.wa.gov/rcw/default.aspx?cite=19.86 Consumer Protection Act]
* Defamation

CFAA:

* TST claimed that the defendants were previously authorized administrators of the Washington Chapter's social media, and that the contours of this authorization were detailed by a "Membership Agreement and Code of Conduct" which was allegedly signed by all four defendants. Defendant Sullivan allegedly possesses the sole copy of these signed agreements. TST claimed liability under the CFAA due to Johnson's alleged removal of all other administrators over the Chapter page, Powell's alleged removal of all administrators besides the Defendants over the Allies page, and Fishbaugh's alleged changing of the password and recovery email and phone number over the Chapter's Google-based email account. All of these actions allegedly "exceeded authorization" granted under the Code of Conduct.
Cyberpiracy:

* At the time of Johnson's alleged posting of the "manifesto" on the Chapter page, the page itself was findable under the URL "facebook.com/TheSatanicTempleWashington." TST claimed that because it has the exclusive rights to the name "The Satanic Temple," this was actionable cyberpiracy under [https://www.law.cornell.edu/uscode/text/15/1125 USC 1125(d)].

Tortious interference with business expectancy:

* TST claimed that the defendants intentionally severed the business relationship between TST and Facebook by misappropriating the Facebook pages, with the alleged purposes of harming the Washington Chapter and forming a competitor organization.

Violation of Washington's CPA:

* TST claimed that the Chapter and Allies page utilized trademarks registered by TST, and that its intellectual property included "trade secret materials including membership listings, membership agreements, internal policies and procedures, other governance materials, and access to a hard-won social media following." TST claimed that the utilization of this intellectual property to create an alleged competitor organization constituted "unfair or deceptive acts or practices in the conduct of trade or commerce" per RCW 19.86.

Defamation:

* TST claimed that Defendants falsely ascribed "extremist ideologies and affiliations" to TST, by way of Johnson's manifesto allegedly accusing TST leadership of being "cozy with the alt-right, [and being] white supremacists," as well as by way of Johnson utilizing the Chapter page to post commentary and links "with the general and false theme that TST leaders are incompetent fascists."
* Curiously, TST also accuses Johnson of tying TST to extremism by way of following a number of unspecified "extremist" groups on the Chapter's Twitter account, and by changing its profile description to “Satan stands as the ultimate icon for selfless revolt. We oppose irrational, unjust hierarchies like white supremacy, patriarchy, ableism, & cishet normality.”

=== Dismissal ===
All complaints were dismissed on February 26, 2021. From Judge Jones' [https://www.courtlistener.com/docket/17042463/20/united-federation-of-churches-llc-v-johnson/ ruling]:

CFAA:<blockquote>According to The Satanic Temple, Defendant Johnson’s and Defendant Meeham’s actions on Facebook—posting links and commentary, posting a manifesto, and removing previously-approved administrators except Defendants—violated the Code of Conduct and therefore exceeded the authority granted to them. This circuit has already considered and rejected that argument. Violating a company’s terms of use (here, the Code of Conduct) is insufficient to state a CFAA claim....The Satanic Temple does not claim that it prohibited Defendants from accessing its Facebook accounts altogether, yet they accessed it anyway. Nor does it claim that it restricted Defendants’ access to certain features of those accounts, yet Defendants wandered where they were not allowed. Instead, it claims that it restricted Defendants’ use of those accounts through its Code of Conduct, which Defendants violated, an argument squarely rejected in ''Nosal''. At most, The Satanic Temple alleges that Defendants have misappropriated the authority granted to them. But the CFAA is an “anti-hacking statute,” not a “misappropriation statute.” Defendants may have very well abused their authority, but The Satanic Temple has not alleged that they exceeded it.</blockquote>Cyberpiracy:<blockquote>This claim fails for one reason. The “domain in question” is not in fact “facebook.com/TheSatanicTempleWashington.” The “domain name” is “facebook.com.” And The Satanic Temple does not claim to own it. Its trademark lies in the post-domain path, which does not constitute a “domain name” under the ACPA. As explained above, the statute defines the term “domain name,” and the case law provides further clarification. The Satanic Temple’s claim fails under both. In reverse order, cases in this circuit explain that there are two parts to a domain name, a top-level and a second-level. Post-domain paths are not included in that combination. Here, the top-level is “.com,” and the second-level is “facebook.” The Satanic Temple’s trademark is contained in neither.</blockquote>Tortious interference:<blockquote>As to these elements, The Satanic Temple’s allegations fall short. It does not allege that Defendants knew about the Facebook pages’ pecuniary value or knew that there was some business arrangement between Facebook and The Satanic Temple. At best, it alleges that “Defendants had subjective knowledge of the business relationship.” This conclusory recitation of the second element is insufficient to state a claim. Likewise, The Satanic Temple does not allege that the interference was wrongful beyond the interference itself—no alleged violation of a statute, regulation, common law rule, or professional standard.</blockquote>Washington's Consumer Protection Act:<blockquote>The parties argue only a few of the CPA elements. Defendants say that The Satanic Temple has failed to allege that the unfair or deceptive acts here occurred “in trade or commerce,” given that neither party sells assets or services. The Satanic Temple, on the other hand, argues that “[c]ommerce is implicated by the stolen Facebook pages because they have an economic value” to The Satanic Temple. The Court need not settle that dispute. To state a CPA claim, The Satanic Temple must allege all five elements. One element, unaddressed by either the parties’ briefing or the complaint, is that an unfair or deceptive act must “affect the public interest.” On this score, all The Satanic Temple alleges is that Defendants “deceive[d] the public with a deliberate, willful intent to disparage or pass off competitor services as those of T[he Satanic Temple].” This conclusory allegation fails to satisfy the third CPA prong. It fails to allege that “other plaintiffs have been or will be injured in the same fashion.” And the other four public interest facts are equally unaddressed.</blockquote>The first four complaints were dismissed with leave to be amended and brought forth in a revised complaint. However, the defamation allegation was dismissed with prejudice on the grounds that adjudicating it would run afoul of the establishment of church and state. From Jones:<blockquote>The Court agrees with Defendants. The doctrine of ecclesiastical abstention applies. The Court may not resolve the defamation claim without delving into doctrinal matters. To determine whether Defendants’ statements were defamatory, the Court or jury must inevitably determine that the statements were false. That would require the Court or jury to define the beliefs held by The Satanic Temple and to determine that ableism, misogyny, racism, fascism, and transphobia fall outside those beliefs. That the Court cannot do without violating the First Amendment.</blockquote>

=== Motion for Reconsideration ===
On March 21, 2021, TST filed a motion to have the dismissals of the ACPA and defamation claims reconsidered. TST argued that because Facebook allows users to obtain accounts with unique electronic addresses, Facebook should be considered a domain name registration authority within the meaning of the ACPA.

In regards to its defamation claim, TST argued that the court was obligated to accept TST's determination of its own doctrines, and that this dispute could be resolved "on purely secular rules" by the court "treating TST like it would any other organization."

Judge Jones, however, pointed out that "the principle that a court must “accept as a given” a church’s own determination of its doctrine applies where the plaintiff challenges a church tribunal’s application of its own rules—not where the church is the plaintiff suing another party."

This motion for reconsideration was denied on April 12, 2022.

= Amended Complaint =
On March 29, 2021, in keeping with the freedom to amend its complaints granted in the wake of the first dismissal, TST filed its first amended complaint. However, shortly afterward, it sought leave to amend this complaint further. During a procedural conference of the counsels for both parties, the Defendants agreed not to contest the filing of the second amended complaint, on the provisos that the Defendants retained the right to respond to it with a motion to dismiss, as well as the stipulation that nothing changed between the first and second amended complaints except the introduction of a new trademark dilution claim.

TST's Second Amended Complaint (SAC) was filed on May 24, 2021. TST decided to drop its ACPA and CPA complaints rather than amend their defects. The SAC allegations are as follows:

* Computer Fraud and Abuse Act (amended)
* Tortious interference with business expectancy (amended)
* Trespass to chattels and conversion (note: trepass and conversion are ordinarily two separate allegations, but under Washington law, they differ by a slight enough degree as to be discussed jointly by the judge below)
* Trademark dilution per Federal Trademark Dilution Act, [https://www.law.cornell.edu/uscode/text/15/1125 USC 1125(c)] (new)

CFAA:

* Previously, TST had alleged that the defendants' use of the Facebook pages exceeded their authorization. The SAC now alleges that the removal of the Defendants from TST's local advisory board and membership implicitly also revoked their authorization to manage TST's social media, and that Johnson's subsequent access to the Chapter page after the alleged revocation constitutes a "hacking" of this page under the CFAA. TST alleges that the attempted unsuccessful "hacking" of the Twitter and Google accounts were similarly hackings subsequent to the alleged revocation of authorized access.

Tortious interference:

* In the initial complaint, Judge Jones ruled that the second and fourth elements of this allegation were insufficiently-argued - that TST failed to show that the defendants had knowledge of the business relationship between Facebook and TST, or that the defendants' interference was driven by "an improper purpose or used improper means." TST's amended complaint alleged the defendants "had subjective knowledge of the business relationship between Facebook and TST," and alleged more explicitly that the interference was for the improper purpose of "harming the Washington Chapter, and TST at large, and creating a competitor organization."

Trespass to chattels and conversion:

* TST alleged that the Defendants intentionally dispossessed TST of the Chapter and Allies pages and removing TST's authorized administrators, depriving TST of possession or use of them. TST made the same allegation regarding unspecified "membership-related documents," alleging that Sullivan in particular maintains exclusive control over them.

Trademark dilution:

* TST alleged the existence of a competitor organization titled "The Satanic Temple 2: Electric Boogaloo," claiming that it had a likelihood of impairing the distinctiveness of "The Satanic Temple" as a famous trademark.
* TST alleged that alternatively, statements made by Defendants' alleged competitor organization were liable to divert potential members away from TST by affiliating itself with politically "extremist" organizations and suggesting that TST is associated with "Antifa," theoretically jeopardizing both TST's reputation and tax-exempt status as a church, as well as jeopardizing the civil rights of TST's membership base.
* TST alleged further that there is merchandise being sold by Defendants featuring "derivative marks" and which are advertised on TST's Allies page.

=== Dismissal ===
On April 15, 2022, Judge Jones issued an order granting a mixed dismissal of the allegations of the SAC, granting leave to amend the federal complaints within a narrow scope, while allowing the state-level claims to proceed.

CFAA:<blockquote>Because TST does not allege that it suffered damage or loss due to misappropriation of the Twitter account—only that it “would have” suffered a loss if the misappropriation were successful—it cannot meet the threshold requirements for bringing a civil action based on the Twitter account. Therefore, the court GRANTS Defendants’ motion to dismiss TST’s CFAA claims based on alleged interference with its Google and Twitter accounts.

...TST alleges only that it revoked administrative access to the Chapter page and the Twitter and Google accounts, and its March 23, 2020 letter refers only to the Chapter page. TST thus has not plausibly alleged that Defendants’ access to the Allies page was “without authorization” within the meaning of the CFAA. Similarly, TST states no basis for a CFAA claim against Mr. Meehan, Ms. Fishbaugh, or Mr. Sullivan. It makes no allegation that any of them were involved in the alleged “hacking” of the Chapter page or obtained or altered information on that page in violation of 18 U.S.C. § 1030(a)(2). Accordingly, the court DISMISSES TST’s CFAA claim to the extent it is based on the Allies page and to the extent it is asserted against Mr. Meehan, Ms. Fishbaugh, and Mr. Sullivan.

...The court concludes that TST has plausibly alleged that it suffered “loss” due to the loss of its members, which in turn was caused by Mr. Johnson’s actions. TST, however, leaves the court no basis to allocate its alleged losses between those due to a temporary “lost ability to communicate” (which are not cognizable) and the loss of its members...Accordingly, the court GRANTS Defendants’ motion to dismiss TST’s CFAA claim based on Mr. Johnson’s “hacking” of the Chapter page.</blockquote>Tortious interference:<blockquote>The court concludes that TST has, with its second amended complaint, plausibly alleged that Defendants had knowledge of the business relationship between Facebook and TST...With respect to the fourth element, the court concludes that TST has sufficiently pleaded that Defendants acted with an improper purpose—to harm the Chapter, create a competitor organization, and divert donations to that competitor. Although Defendants are correct that the “improper means” prong of the fourth element requires a violation of a “statute, regulation, common law rule, or professional standard,” the “improper purpose” prong bears no such requirement....Because TST has now plausibly alleged facts to support each element of its tortious interference with business expectancy claim, the court DENIES Defendants’ motion to dismiss the claim.</blockquote>Trespass and conversion of chattels:<blockquote>Defendants contend that TST has failed to allege either (1) damages flowing from Defendants’ trespass to or conversion of the Chapter page, or (2) facts supporting its entitlement to prospective injunctive relief. The court agrees with Defendants. To state a claim for prospective injunctive relief, a plaintiff must plausibly allege an imminent future injury...Because TST has not done so here, the court DISMISSES its trespass and conversion claims based on Defendants’ interference with the Chapter page.

The court concludes that Defendants’ cited cases stand for the proposition that the plaintiff’s demand for return of originally lawfully held property and the defendant’s refusal to do so are sufficient—but not required—to prove the “taking or unlawful retention” element of a conversion claim...Because Defendants’ motion to dismiss TST’s claims for trespass to or conversion of the Allies page and documents is based solely on the erroneous contention that TST was required to specifically plead a demand to return and a refusal to return, the court DENIES the motion to dismiss TST’s trespass and conversion claims on that basis.</blockquote>Trademark dilution and blurring:<blockquote>Defendants are correct that TST has failed to allege any commercial use by Defendants of its trademark. Indeed, the only mentions of the phrase “The Satanic Temple 2: Electric Boogaloo” in the second amended complaint are in paragraphs alleging that Defendants “provisionally” used that phrase as the name for their alleged competitor organization; it makes no factual allegations that would allow the court to draw the plausible inference that such an organization exists. And the only mention of the phrase in TST’s exhibits to its second amended complaint is what appears to be a third-party comment on Mr. Sullivan’s Facebook page proposing possible names, including “The Satanic Temple 2: The Second One” and “S2: The Mighty Satanists.”...Because TST fails to plausibly allege that Defendants are making a commercial use of TST’s famous or distinctive mark, its FTDRA claim cannot survive. The court GRANTS Defendants’ motion to dismiss TST’s FTDRA claim.</blockquote>The deadline for TST to file an amended complaint addressing the permitted deficiencies was 11:59pm on April 29, 2022. TST elected not to file an amended complaint. Nor did they file for a deadline extension to file an amended complaint. Consequently, while the state law allegations were permitted to proceed to discovery, the federal allegations remained dismissed, exposing TST to a motion to dismiss under FRCP 12(b)(1) - lack of subject matter jurisdiction.

= Final dismissal =
[in progress]

= District Court =
[https://www.courtlistener.com/docket/17042463/united-federation-of-churches-llc-v-johnson/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc Docket for Federal District Court via CourtListener]

[https://www.courtlistener.com/docket/66805454/united-federation-of-churches-llc-v-david-johnson/ Docket for Court of Appeals via CourtListener]

U.S. District Judge Richard Jones dismissed the original complaint on Feb. 26, 2021, but allowed The Satanic Temple to refile on all but one of the initial claims (defamation).<ref>Order on Motion to Dismiss — [https://www.courtlistener.com/docket/17042463/20/united-federation-of-churches-llc-v-johnson/ Document #20], February 26th, 2021.</ref>

The Plaintiff filed a motion for reconsideration on the defamation claim and cyberpiracy claim dismissal in March 2021, which was denied and the dismissal reaffirmed in April 2022.<ref>Order on Motion for Reconsideration — [https://www.courtlistener.com/docket/17042463/30/united-federation-of-churches-llc-v-johnson/ Document #30], April 12th, 2022</ref> The Plaintiff also amended their complaint twice, first in May 2021 then again in June 2021 after being informed that the Facebook page the Temple was demanding returned had been in TST's possession since May 2020.<ref>Amended Complaint — [https://www.courtlistener.com/docket/17042463/26/united-federation-of-churches-llc-v-johnson/ Document #26], May 24th, 2021</ref><ref>Response to Motion — [https://www.courtlistener.com/docket/17042463/28/united-federation-of-churches-llc-v-johnson/ Document #28], June 28th, 2021</ref> The Defendants made motions to dismiss the case for each of these complaints, and in April 2022, the Judge Jones granted the operative motion in part with leave to amend for several of the dismissed complaints.<ref>~Util - Set/Reset Deadlines/Hearings AND Order on Motion to Dismiss — [https://www.courtlistener.com/docket/17042463/31/united-federation-of-churches-llc-v-johnson/ Document #31], April 15th, 2022</ref>

However, The Satanic Temple did not amend their complaint for this third time by the deadline given, and in May 2022, the defendants made a motion to dismiss the case for lack of federal jurisdiction on the surviving claims.<ref>Dismiss — [https://www.courtlistener.com/docket/17042463/33/united-federation-of-churches-llc-v-johnson/ Document #33], May 14th, 2022</ref> While working on his reply to this motion, TST lead counsel Matt Kezhaya went onto Reddit for an "Ask Me Anything" about his sanctioning in an unrelated case. In that, Kezhaya did address the Johnson case several times, stating in the original version of his post:<ref>r/SatanicTemple_Reddit [https://web.archive.org/web/20220527005507/https:/www.reddit.com/r/SatanicTemple_Reddit/comments/uym4sv/tst_court_update_may_26_2022_this_one_is_by_tsts/ post] "TST Court Update! (May 26, 2022) -- this one is by TST's lawyer", May 26, 2022</ref><blockquote>I will not answer any questions related to the idiots that call themselves “QueerSatanic,” or their idiot-conspiracy theories. My only comment on that topic is:

I can’t believe you morons have spent more than $80,000 fighting to keep TST’s Facebook page. You are pathetic. You have no concept of civil liberties, or what is at stake by the ever-encroaching theocracy. Your lawyer is a gentleman and a scholar. I hope he squeezes every last penny from you living corpses, and anyone that gives you the time of day. </blockquote>Despite acknowledging it would be unwise to talk about an ongoing lawsuit, Kezhaya went on to elaborate on his strategy in the case in response to several people's questions, stating:<ref>r/SatanicTemple_Reddit [https://web.archive.org/web/20220527211543/https:/www.reddit.com/r/SatanicTemple_Re ddit/comments/uym4sv/tst_court_update_may_26_2022_this_one_is_by_tsts/ia7nt39/?cont ext=8&depth=9 o comment], May 26, 2022</ref><blockquote>I wanted some federal statutes to apply because that would maximize TST’s damages, would keep us in Federal court (as opposed to State court), and provided the option to collect attorney’s fees for having to litigate this. </blockquote>And writing in part:<ref>r/SatanicTemple_Reddit [https://www.reddit.com/r/SatanicTemple_Reddit/comments/uym4sv/tst_court_update_may _26_2022_this_one_is_by_tsts/ia76rxj/ o comment], May 26, 2022</ref><blockquote>All three surviving claims are questions of Washington State law, not Federal law. Defendants have moved for dismissal from Federal Court because, they argue, TST cannot show that there is an “amount in controversy” of at least $75,000 (which is required for Federal jurisdiction). I have announced resistance to the motion. I need to come up with a credible justification that it is not-impossible a jury could legally award at least $75,000 in damages.

Since punitive damages are on the table, that really means I really only need to justify $12,500 in out-of-pocket damages. Punitive damages can be up to 6x compensatory damages (out-of-pocket losses). I’ve been mired in Belle Plaine since they filed the motion, so I haven’t yet had an opportunity to evaluate the damages.</blockquote>In June 2022, this material was then included by the Defendants in a response regarding the motion to dismiss for lack of subject matter jurisdiction.<ref>Reply to Response to Motion — [https://www.courtlistener.com/docket/17042463/37/united-federation-of-churches-llc-v-johnson/ Document #37], June 10th, 2022</ref>

While waiting for the judge to rule on the motion to dismiss for lack of federal jurisdiction, on November 23, 2022, The Satanic Temple submitted a motion for a preliminary injunction on another Facebook page: Evergreen Memes for Queer Satanic Fiends.<ref>Preliminary Injunction — [https://www.courtlistener.com/docket/17042463/42/united-federation-of-churches-llc-v-johnson/ Document #42], November 23rd, 2022</ref> This was an unorthodox legal strategy both because it came two and a half years into the case rather than at the beginning as expected of a preliminary injunction and also because TST lead counsel had before filing been informed of and shown evidence that local representatives of The Satanic Temple had relinquished claims over that very social media page, both in writing and publicly in March 14-15, 2020, before the lawsuit ever began.<ref name=":0">Response to Motion — [https://www.courtlistener.com/docket/17042463/43/united-federation-of-churches-llc-v-johnson/ Document #43], December 13, 2022</ref>

TST Washington Media Liaison Paul M. Case ("Tarkus Claypool") sent an email March 14, 2020, with the subject line “Evergreen Memes for Queer Satanic Fiends”, saying:<ref>Declaration — [https://www.courtlistener.com/docket/17042463/44/united-federation-of-churches-llc-v-johnson/ Document #44], December 12th, 2022 (Page 26, email sent Sat, Mar 14, 2020 at 9:09 PM)</ref><blockquote>I saw that you made some changes to the TST WA State Allies FB group. I just wanted to let you know that it’s yours free and clear and we’ve no desire to claim it. You and ADJ built it and have done a great job doing so. I’m confident you’ll both continue doing awesome work.

Sorry the way things panned out, and I do mean all of it. I wish you and your family well, and respect your need to fight the fight your way.

Rock on,

-Tarkus Claypool Media Liaison, The Satanic Temple of Washington (he/him)</blockquote>The next day, in a March 15, 2020 online town hall meeting via Zoom, Media Liaison Case/Tarkus Claypool again publicly reiterated in front of TST-WA members, including TST Chapter Head, Leah Garvais ("Siri Sanguine"), that TST-WA had no interest in claiming the Memes Page:<ref name=":0" /> <blockquote>I do want to say that we’re not going to, you know, ask Lenore to give the page back in any way. I wish them well, and I hope that they continue growing that and make it a great success. Because they’re going to fight their fight, their way. And so, let them do what they want to, and I wish them well, because both Lenore and ADJ [Johnson] did a wonderful job in the roles that they had. It just wasn’t within the TST guidelines that we are beholden to. So I want to give them due credit, and just you know, wish them well with what they’re going to plan to do with it in the future.</blockquote>Despite having access to this information since before the beginning of litigation, and being made aware explicitly in June 2022, The Satanic Temple continued to repeat the assertion in and outside of court that a Facebook comment afterward by a third person, Nathan Sullivan — referencing this change in administrator rights by others in regards to a Facebook page he'd never had access to — was an admission of a crime.<ref>GoFundMe.com, [https://www.gofundme.com/f/the-satanic-temple-theft-amp-defamation-legal-fund The Satanic Temple -Theft & Defamation Legal Fund], July 17, 2020</ref><ref>Exhibit 5 — [https://www.courtlistener.com/docket/17042463/26/5/united-federation-of-churches-llc-v-johnson/ Document #26, Attachment #5], May 24th, 2021. (Facebook post and comments from March 15, 2020)

Nathan Sullivan:

''we have a meme page here that we stole from TST:''

''Evergreen Memes for Queer Satanic Fiends''

''and a small group of regional satanists that we're using as a sort of safe space and social club. I imagine i'll be setting up another Discord for us too''

An uninvolved person asks:

''But the question is, will you found an actual organization''

''The Satanic Temple 2: Electric Boogaloo?''

''The Satanic Temple 2: The Second One?''

''S2: The Mighty Satanists?''

Nathan Sullivan replies:

''Satanism Reloaded actually''

</ref><ref>Declaration — [https://www.courtlistener.com/docket/17042463/46/united-federation-of-churches-llc-v-johnson/ Document #46], December 12th, 2022 (Page 19-20)</ref>

On Jan. 6, 2023, Judge Jones granted the motion to dismiss the case for lack of federal jurisdiction, denying the Plaintiff's motion for a preliminary injunction at the same time.<ref>Order on Motion for Preliminary Injunction AND Order on Motion to Dismiss — [https://www.courtlistener.com/docket/17042463/48/united-federation-of-churches-llc-v-johnson/ Document #48], January 6th, 2023</ref>

On Jan. 24, 2023, The Satanic Temple notified the court they intended to appeal their federal district court loss to the Ninth Circuit and subsequently stated they planned to re-file their remaining claims in Washington State court as well.<ref>Court of Appeals for the Ninth Circuit [https://www.courtlistener.com/docket/66805454/2/united-federation-of-churches-llc-v-david-johnson/ Document #2], February 1st, 2023

''Currently there are no proceedings remaining below, nor are there currently any related proceedings in other tribunals on this matter. To preclude any statute of limitations issues, Plaintiff intends to refile the State claims which survived 12(b)(6) scrutiny and stay the case pending the outcome of this appeal; however, that has not happened yet.''</ref>

= Ninth Circuit Court of Appeals =
[https://www.courtlistener.com/docket/66805454/united-federation-of-churches-llc-v-david-johnson/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc Docket for Court of Appeals for the Ninth Circuit via CourtListener]

[Under construction]

=References=
<references />
[[Category:Lawsuits]]

United Federation of Churches LLC v. Johnson et al

2023-02-20T06:28:33Z

Loukanikos: /* Dismissal */

{{Lawsuits

| title={{PAGENAME}}

| image=

| caption=

| filedate=4/3/2020

| jurisdiction=US District Court for the Western District of Washington

| plaintiff=United Federation of Churches LLC

| defendant=David Alan Johnson, Nathan Sullivan, Leah Fishbaugh, Mickey Joshua Powell (formerly Mickey Meehan)

| intervenor=N/A

| state=Washington

| case=2:20-cv-00509

| result=Dismissed

| appeal1=Ongoing
| appeal2=N/A
| appeal3=N/A
| finalresult=N/A
}}
'''United Federation of Churches LLC v. Johnson et al''' is an ongoing federal court case filed April 3, 2020, by the for-profit corporation [[United Federation of Churches LLC]] d/b/a "The Satanic Temple," against four former members of the religion [[The Satanic Temple]] who had previously been members of the religion's local chapter based in Seattle, WA.<ref>[https://www.gofundme.com/f/legal-fund-for-victims-of-satanic-temple1 GoFundMe.com], ''Legal Fund for Victims of Satanic Temple''</ref>

The defendants have characterized the case as an example of a SLAPP or "Strategic Lawsuit Against Public Participation", an opinion shared by other legal analysts who have reviewed the suit and observers who have seen the Temple's subsequent legal action and threats against other critics.<ref>[https://www.newsweek.com/orgies-harassment-fraud-satanic-temple-rocked-accusations-lawsuit-1644042, Newsweek.com], "Orgies, Harassment, Fraud: Satanic Temple Rocked by Accusations, Lawsuit"

''The defendants say the case has devolved to a meritless S.L.A.P.P. (Strategic Lawsuit Against Public Participation) lawsuit as a way to bankrupt them for speaking out.'' </ref><ref>Social Actuality, "[https://www.socialactuality.com/post/schism-the-satanic-temple-a-lawsuit-and-the-necessity-of-clear-minded-settlement Schism – The Satanic Temple, a Lawsuit, and the Necessity of Clear Minded Settlement]", Jan. 18, 2022 (last updated April 20, 2022)

''While I may question the wisdom of some of the defendant’s actions, I also question TST’s bringing of plainly frivolous claims (for which the public also suffers harm, as even frivolous claims require precious court resources to litigate) and their general litigation tactics. For example, why weren’t the Dilution and Trespass to Chattels/Conversion claims pleaded in the initial complaint? It seems clear to me that nothing was preventing those claims from being pleaded at that time, so why wait? It creates the impression that TST is not legitimately seeking remedies for any harm caused, but is instead employing litigation in a “process as punishment” tactic to sap the defendants resources and induce what I’m sure is a significant amount of stress into their day-to-day lives. By dragging the defendants through the civil court system, TST may simply be attempting to get back at the defendants in a tit-for-tat conflict which has now spanned the course of 21 months and counting.''</ref><ref>Mike Dunford (@questauthority), [https://twitter.com/questauthority/status/1519149076251615232 Twitter.com], April 26, 2022

''I read The Satanic Temple’s complaint on stream tonight. It’s been a while since I was so irate about a case. The complaint itself is SLAPPy as hell; the claims are embarrassingly weak.''

''And, in my view, uses litigation to dox and harass former members.''

''And, to be clear, it’s not even harassing and doxing former members who are parties to the suit; it’s doxing and harassing former members who were sources in the article it’s suing over.''

''This is a bad lawsuit. The lawyers who filed it are bad for filing it. And they should feel bad about themselves.''

''I read the Newsweek article that TST is suing over. That made me think that they were an organization having a commonplace internal splat.''

''Their complaint in the suit made me think that their leaders are vindictive little turdbuckets who should be ostracized from polite society.''</ref> The Satanic Temple and its supporters dispute this characterization, considering it defamation they are willing to sue over, which they have followed through on at least twice.<ref>[[The Satanic Temple, Inc. v. Newsweek Magazine LLC]], [https://www.courtlistener.com/docket/63011247/1/the-satanic-temple-inc-v-newsweek-magazine-llc/ Complaint], Feb. 16, 2022

''45. The article states: “Meanwhile some members wondered why an organization like TST would go after four Seattleites with very modest means while it had bigger fish to fry elsewhere.” Exhibit 1 at 13. Together with the rest of the article, this statement implies that TST’s lawsuit against the Johnson defendants is rooted in a greater policy to harass dissenters, to the exclusion of being rooted in a fiduciary obligation to safeguard TST’s property. This statement and its implications are false and defamatory as follows.''

''46. It is false to assert that TST harasses dissenters, either as a general policy or specific to the Johnson defendants. The Johnson lawsuit would never have happened if they had simply returned TST’s property upon demand.''

''47. The assertion is also defamatory. It urges the public to refrain from associating with TST for fear that they will be the next target of harassment and to refrain from donating to TST for fear that the funds will be wasted on a frivolous lawsuit.''</ref><ref>[[Satanic Temple, Inc v. Jessica Snow]], [https://the.satanic.wiki/images/7/78/D-1-GN-22-006797_-_Plaintiff%27s_Original_Petition_w_Ex_76AC6EC7_-_2022-11-23.pdf Complaint], filed Nov. 23, 2022

''11. Similarly, Defendant Snow stated that TST “is suing former members to make them be quiet about the stuff they experienced while in the Temple.” In fact, TST sued some former members because they stole property from TST and – using that stolen property – channeled provably false and harmful statements to TST’s members to divert funds from those members to a new competitor organization. This is defamatory because it inaccurately paints TST as an abusive organization and tends to diminish the public trust in TST as a religious organization''</ref>

On January 9, 2023, the judge granted a final motion to dismiss in accordance with FRCP 12(b)(1) (lack of subject matter jurisdiction).

On January 24, 2023, The Satanic Temple filed a notice of appeal of this judgment.

= Background =
[in progress]

= Original Complaint =
In its original filing, The Satanic Temple levied five complaints against the defendants, alleging two violations under federal law and three under Washington State law:

* [https://www.law.cornell.edu/uscode/text/18/1030 Computer Fraud and Abuse Act] (CFAA)
* Cyberpiracy per [https://www.law.cornell.edu/uscode/text/15/1125 USC 1125(d)]
* Tortious interference with business expectancy
* Violation of Washington's [https://apps.leg.wa.gov/rcw/default.aspx?cite=19.86 Consumer Protection Act]
* Defamation

CFAA:

* TST claimed that the defendants were previously authorized administrators of the Washington Chapter's social media, and that the contours of this authorization were detailed by a "Membership Agreement and Code of Conduct" which was allegedly signed by all four defendants. Defendant Sullivan allegedly possesses the sole copy of these signed agreements. TST claimed liability under the CFAA due to Johnson's alleged removal of all other administrators over the Chapter page, Powell's alleged removal of all administrators besides the Defendants over the Allies page, and Fishbaugh's alleged changing of the password and recovery email and phone number over the Chapter's Google-based email account. All of these actions allegedly "exceeded authorization" granted under the Code of Conduct.
Cyberpiracy:

* At the time of Johnson's alleged posting of the "manifesto" on the Chapter page, the page itself was findable under the URL "facebook.com/TheSatanicTempleWashington." TST claimed that because it has the exclusive rights to the name "The Satanic Temple," this was actionable cyberpiracy under [https://www.law.cornell.edu/uscode/text/15/1125 USC 1125(d)].

Tortious interference with business expectancy:

* TST claimed that the defendants intentionally severed the business relationship between TST and Facebook by misappropriating the Facebook pages, with the alleged purposes of harming the Washington Chapter and forming a competitor organization.

Violation of Washington's CPA:

* TST claimed that the Chapter and Allies page utilized trademarks registered by TST, and that its intellectual property included "trade secret materials including membership listings, membership agreements, internal policies and procedures, other governance materials, and access to a hard-won social media following." TST claimed that the utilization of this intellectual property to create an alleged competitor organization constituted "unfair or deceptive acts or practices in the conduct of trade or commerce" per RCW 19.86.

Defamation:

* TST claimed that Defendants falsely ascribed "extremist ideologies and affiliations" to TST, by way of Johnson's manifesto allegedly accusing TST leadership of being "cozy with the alt-right, [and being] white supremacists," as well as by way of Johnson utilizing the Chapter page to post commentary and links "with the general and false theme that TST leaders are incompetent fascists."
* Curiously, TST also accuses Johnson of tying TST to extremism by way of following a number of unspecified "extremist" groups on the Chapter's Twitter account, and by changing its profile description to “Satan stands as the ultimate icon for selfless revolt. We oppose irrational, unjust hierarchies like white supremacy, patriarchy, ableism, & cishet normality.”

=== Dismissal ===
All complaints were dismissed on February 26, 2021. From Judge Jones' [https://www.courtlistener.com/docket/17042463/20/united-federation-of-churches-llc-v-johnson/ ruling]:

CFAA:<blockquote>According to The Satanic Temple, Defendant Johnson’s and Defendant Meeham’s actions on Facebook—posting links and commentary, posting a manifesto, and removing previously-approved administrators except Defendants—violated the Code of Conduct and therefore exceeded the authority granted to them. This circuit has already considered and rejected that argument. Violating a company’s terms of use (here, the Code of Conduct) is insufficient to state a CFAA claim....The Satanic Temple does not claim that it prohibited Defendants from accessing its Facebook accounts altogether, yet they accessed it anyway. Nor does it claim that it restricted Defendants’ access to certain features of those accounts, yet Defendants wandered where they were not allowed. Instead, it claims that it restricted Defendants’ use of those accounts through its Code of Conduct, which Defendants violated, an argument squarely rejected in ''Nosal''. At most, The Satanic Temple alleges that Defendants have misappropriated the authority granted to them. But the CFAA is an “anti-hacking statute,” not a “misappropriation statute.” Defendants may have very well abused their authority, but The Satanic Temple has not alleged that they exceeded it.</blockquote>Cyberpiracy:<blockquote>This claim fails for one reason. The “domain in question” is not in fact “facebook.com/TheSatanicTempleWashington.” The “domain name” is “facebook.com.” And The Satanic Temple does not claim to own it. Its trademark lies in the post-domain path, which does not constitute a “domain name” under the ACPA. As explained above, the statute defines the term “domain name,” and the case law provides further clarification. The Satanic Temple’s claim fails under both. In reverse order, cases in this circuit explain that there are two parts to a domain name, a top-level and a second-level. Post-domain paths are not included in that combination. Here, the top-level is “.com,” and the second-level is “facebook.” The Satanic Temple’s trademark is contained in neither.</blockquote>Tortious interference:<blockquote>As to these elements, The Satanic Temple’s allegations fall short. It does not allege that Defendants knew about the Facebook pages’ pecuniary value or knew that there was some business arrangement between Facebook and The Satanic Temple. At best, it alleges that “Defendants had subjective knowledge of the business relationship.” This conclusory recitation of the second element is insufficient to state a claim. Likewise, The Satanic Temple does not allege that the interference was wrongful beyond the interference itself—no alleged violation of a statute, regulation, common law rule, or professional standard.</blockquote>Washington's Consumer Protection Act:<blockquote>The parties argue only a few of the CPA elements. Defendants say that The Satanic Temple has failed to allege that the unfair or deceptive acts here occurred “in trade or commerce,” given that neither party sells assets or services. The Satanic Temple, on the other hand, argues that “[c]ommerce is implicated by the stolen Facebook pages because they have an economic value” to The Satanic Temple. The Court need not settle that dispute. To state a CPA claim, The Satanic Temple must allege all five elements. One element, unaddressed by either the parties’ briefing or the complaint, is that an unfair or deceptive act must “affect the public interest.” On this score, all The Satanic Temple alleges is that Defendants “deceive[d] the public with a deliberate, willful intent to disparage or pass off competitor services as those of T[he Satanic Temple].” This conclusory allegation fails to satisfy the third CPA prong. It fails to allege that “other plaintiffs have been or will be injured in the same fashion.” And the other four public interest facts are equally unaddressed.</blockquote>The first four complaints were dismissed with leave to be amended and brought forth in a revised complaint. However, the defamation allegation was dismissed with prejudice on the grounds that adjudicating it would run afoul of the establishment of church and state. From Jones:<blockquote>The Court agrees with Defendants. The doctrine of ecclesiastical abstention applies. The Court may not resolve the defamation claim without delving into doctrinal matters. To determine whether Defendants’ statements were defamatory, the Court or jury must inevitably determine that the statements were false. That would require the Court or jury to define the beliefs held by The Satanic Temple and to determine that ableism, misogyny, racism, fascism, and transphobia fall outside those beliefs. That the Court cannot do without violating the First Amendment.</blockquote>

=== Motion for Reconsideration ===
On March 21, 2021, TST filed a motion to have the dismissals of the ACPA and defamation claims reconsidered. TST argued that because Facebook allows users to obtain accounts with unique electronic addresses, Facebook should be considered a domain name registration authority within the meaning of the ACPA.

In regards to its defamation claim, TST argued that the court was obligated to accept TST's determination of its own doctrines, and that this dispute could be resolved "on purely secular rules" by the court "treating TST like it would any other organization."

Judge Jones, however, pointed out that "the principle that a court must “accept as a given” a church’s own determination of its doctrine applies where the plaintiff challenges a church tribunal’s application of its own rules—not where the church is the plaintiff suing another party."

This motion for reconsideration was denied on April 12, 2022.

= Amended Complaint =
On March 29, 2021, in keeping with the freedom to amend its complaints granted in the wake of the first dismissal, TST filed its first amended complaint. However, shortly afterward, it sought leave to amend this complaint further. During a procedural conference of the counsels for both parties, the Defendants agreed not to contest the filing of the second amended complaint, on the provisos that the Defendants retained the right to respond to it with a motion to dismiss, as well as the stipulation that nothing changed between the first and second amended complaints except the introduction of a new trademark dilution claim.

TST's Second Amended Complaint (SAC) was filed on May 24, 2021. TST decided to drop its ACPA and CPA complaints rather than amend their defects. The SAC allegations are as follows:

* Computer Fraud and Abuse Act (amended)
* Tortious interference with business expectancy (amended)
* Trespass to chattels and conversion (note: trepass and conversion are ordinarily two separate allegations, but under Washington law, they differ by a slight enough degree as to be discussed jointly by the judge below)
* Trademark dilution per Federal Trademark Dilution Act, [https://www.law.cornell.edu/uscode/text/15/1125 USC 1125(c)] (new)

CFAA:

* Previously, TST had alleged that the defendants' use of the Facebook pages exceeded their authorization. The SAC now alleges that the removal of the Defendants from TST's local advisory board and membership implicitly also revoked their authorization to manage TST's social media, and that Johnson's subsequent access to the Chapter page after the alleged revocation constitutes a "hacking" of this page under the CFAA. TST alleges that the attempted unsuccessful "hacking" of the Twitter and Google accounts were similarly hackings subsequent to the alleged revocation of authorized access.

Tortious interference:

* In the initial complaint, Judge Jones ruled that the second and fourth elements of this allegation were insufficiently-argued - that TST failed to show that the defendants had knowledge of the business relationship between Facebook and TST, or that the defendants' interference was driven by "an improper purpose or used improper means." TST's amended complaint alleged the defendants "had subjective knowledge of the business relationship between Facebook and TST," and alleged more explicitly that the interference was for the improper purpose of "harming the Washington Chapter, and TST at large, and creating a competitor organization."

Trespass to chattels and conversion:

* TST alleged that the Defendants intentionally dispossessed TST of the Chapter and Allies pages and removing TST's authorized administrators, depriving TST of possession or use of them. TST made the same allegation regarding unspecified "membership-related documents," alleging that Sullivan in particular maintains exclusive control over them.

Trademark dilution:

* TST alleged the existence of a competitor organization titled "The Satanic Temple 2: Electric Boogaloo," claiming that it had a likelihood of impairing the distinctiveness of "The Satanic Temple" as a famous trademark.
* TST alleged that alternatively, statements made by Defendants' alleged competitor organization were liable to divert potential members away from TST by affiliating itself with politically "extremist" organizations and suggesting that TST is associated with "Antifa," theoretically jeopardizing both TST's reputation and tax-exempt status as a church, as well as jeopardizing the civil rights of TST's membership base
* TST alleged further that there is merchandise being sold by Defendants featuring "derivative marks" and which are advertised on TST's Allies page.

=== Dismissal ===
On April 15, 2022, Judge Jones issued an order granting a mixed dismissal of the allegations of the SAC, granting leave to amend the federal complaints within a narrow scope, while allowing the state-level claims to proceed.

CFAA:<blockquote>Because TST does not allege that it suffered damage or loss due to misappropriation of the Twitter account—only that it “would have” suffered a loss if the misappropriation were successful—it cannot meet the threshold requirements for bringing a civil action based on the Twitter account. Therefore, the court GRANTS Defendants’ motion to dismiss TST’s CFAA claims based on alleged interference with its Google and Twitter accounts.

...TST alleges only that it revoked administrative access to the Chapter page and the Twitter and Google accounts, and its March 23, 2020 letter refers only to the Chapter page. TST thus has not plausibly alleged that Defendants’ access to the Allies page was “without authorization” within the meaning of the CFAA. Similarly, TST states no basis for a CFAA claim against Mr. Meehan, Ms. Fishbaugh, or Mr. Sullivan. It makes no allegation that any of them were involved in the alleged “hacking” of the Chapter page or obtained or altered information on that page in violation of 18 U.S.C. § 1030(a)(2). Accordingly, the court DISMISSES TST’s CFAA claim to the extent it is based on the Allies page and to the extent it is asserted against Mr. Meehan, Ms. Fishbaugh, and Mr. Sullivan.

...The court concludes that TST has plausibly alleged that it suffered “loss” due to the loss of its members, which in turn was caused by Mr. Johnson’s actions. TST, however, leaves the court no basis to allocate its alleged losses between those due to a temporary “lost ability to communicate” (which are not cognizable) and the loss of its members...Accordingly, the court GRANTS Defendants’ motion to dismiss TST’s CFAA claim based on Mr. Johnson’s “hacking” of the Chapter page.</blockquote>Tortious interference:<blockquote>The court concludes that TST has, with its second amended complaint, plausibly alleged that Defendants had knowledge of the business relationship between Facebook and TST...With respect to the fourth element, the court concludes that TST has sufficiently pleaded that Defendants acted with an improper purpose—to harm the Chapter, create a competitor organization, and divert donations to that competitor. Although Defendants are correct that the “improper means” prong of the fourth element requires a violation of a “statute, regulation, common law rule, or professional standard,” the “improper purpose” prong bears no such requirement....Because TST has now plausibly alleged facts to support each element of its tortious interference with business expectancy claim, the court DENIES Defendants’ motion to dismiss the claim.</blockquote>Trespass and conversion of chattels:<blockquote>Defendants contend that TST has failed to allege either (1) damages flowing from Defendants’ trespass to or conversion of the Chapter page, or (2) facts supporting its entitlement to prospective injunctive relief. The court agrees with Defendants. To state a claim for prospective injunctive relief, a plaintiff must plausibly allege an imminent future injury...Because TST has not done so here, the court DISMISSES its trespass and conversion claims based on Defendants’ interference with the Chapter page.

The court concludes that Defendants’ cited cases stand for the proposition that the plaintiff’s demand for return of originally lawfully held property and the defendant’s refusal to do so are sufficient—but not required—to prove the “taking or unlawful retention” element of a conversion claim...Because Defendants’ motion to dismiss TST’s claims for trespass to or conversion of the Allies page and documents is based solely on the erroneous contention that TST was required to specifically plead a demand to return and a refusal to return, the court DENIES the motion to dismiss TST’s trespass and conversion claims on that basis.</blockquote>Trademark dilution and blurring:<blockquote>Defendants are correct that TST has failed to allege any commercial use by Defendants of its trademark. Indeed, the only mentions of the phrase “The Satanic Temple 2: Electric Boogaloo” in the second amended complaint are in paragraphs alleging that Defendants “provisionally” used that phrase as the name for their alleged competitor organization; it makes no factual allegations that would allow the court to draw the plausible inference that such an organization exists. And the only mention of the phrase in TST’s exhibits to its second amended complaint is what appears to be a third-party comment on Mr. Sullivan’s Facebook page proposing possible names, including “The Satanic Temple 2: The Second One” and “S2: The Mighty Satanists.”...Because TST fails to plausibly allege that Defendants are making a commercial use of TST’s famous or distinctive mark, its FTDRA claim cannot survive. The court GRANTS Defendants’ motion to dismiss TST’s FTDRA claim.</blockquote>The deadline for TST to file an amended complaint addressing the permitted deficiencies was 11:59pm on April 29, 2022. TST elected not to file an amended complaint. Nor did they file for a deadline extension to file an amended complaint. Consequently, while the state law allegations were permitted to proceed to discovery, the federal allegations remained dismissed, exposing TST to a motion to dismiss under FRCP 12(b)(1) - lack of subject matter jurisdiction.

= Final dismissal =
[in progress]

= District Court =
[https://www.courtlistener.com/docket/17042463/united-federation-of-churches-llc-v-johnson/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc Docket for Federal District Court via CourtListener]

[https://www.courtlistener.com/docket/66805454/united-federation-of-churches-llc-v-david-johnson/ Docket for Court of Appeals via CourtListener]

U.S. District Judge Richard Jones dismissed the original complaint on Feb. 26, 2021, but allowed The Satanic Temple to refile on all but one of the initial claims (defamation).<ref>Order on Motion to Dismiss — [https://www.courtlistener.com/docket/17042463/20/united-federation-of-churches-llc-v-johnson/ Document #20], February 26th, 2021.</ref>

The Plaintiff filed a motion for reconsideration on the defamation claim and cyberpiracy claim dismissal in March 2021, which was denied and the dismissal reaffirmed in April 2022.<ref>Order on Motion for Reconsideration — [https://www.courtlistener.com/docket/17042463/30/united-federation-of-churches-llc-v-johnson/ Document #30], April 12th, 2022</ref> The Plaintiff also amended their complaint twice, first in May 2021 then again in June 2021 after being informed that the Facebook page the Temple was demanding returned had been in TST's possession since May 2020.<ref>Amended Complaint — [https://www.courtlistener.com/docket/17042463/26/united-federation-of-churches-llc-v-johnson/ Document #26], May 24th, 2021</ref><ref>Response to Motion — [https://www.courtlistener.com/docket/17042463/28/united-federation-of-churches-llc-v-johnson/ Document #28], June 28th, 2021</ref> The Defendants made motions to dismiss the case for each of these complaints, and in April 2022, the Judge Jones granted the operative motion in part with leave to amend for several of the dismissed complaints.<ref>~Util - Set/Reset Deadlines/Hearings AND Order on Motion to Dismiss — [https://www.courtlistener.com/docket/17042463/31/united-federation-of-churches-llc-v-johnson/ Document #31], April 15th, 2022</ref>

However, The Satanic Temple did not amend their complaint for this third time by the deadline given, and in May 2022, the defendants made a motion to dismiss the case for lack of federal jurisdiction on the surviving claims.<ref>Dismiss — [https://www.courtlistener.com/docket/17042463/33/united-federation-of-churches-llc-v-johnson/ Document #33], May 14th, 2022</ref> While working on his reply to this motion, TST lead counsel Matt Kezhaya went onto Reddit for an "Ask Me Anything" about his sanctioning in an unrelated case. In that, Kezhaya did address the Johnson case several times, stating in the original version of his post:<ref>r/SatanicTemple_Reddit [https://web.archive.org/web/20220527005507/https:/www.reddit.com/r/SatanicTemple_Reddit/comments/uym4sv/tst_court_update_may_26_2022_this_one_is_by_tsts/ post] "TST Court Update! (May 26, 2022) -- this one is by TST's lawyer", May 26, 2022</ref><blockquote>I will not answer any questions related to the idiots that call themselves “QueerSatanic,” or their idiot-conspiracy theories. My only comment on that topic is:

I can’t believe you morons have spent more than $80,000 fighting to keep TST’s Facebook page. You are pathetic. You have no concept of civil liberties, or what is at stake by the ever-encroaching theocracy. Your lawyer is a gentleman and a scholar. I hope he squeezes every last penny from you living corpses, and anyone that gives you the time of day. </blockquote>Despite acknowledging it would be unwise to talk about an ongoing lawsuit, Kezhaya went on to elaborate on his strategy in the case in response to several people's questions, stating:<ref>r/SatanicTemple_Reddit [https://web.archive.org/web/20220527211543/https:/www.reddit.com/r/SatanicTemple_Re ddit/comments/uym4sv/tst_court_update_may_26_2022_this_one_is_by_tsts/ia7nt39/?cont ext=8&depth=9 o comment], May 26, 2022</ref><blockquote>I wanted some federal statutes to apply because that would maximize TST’s damages, would keep us in Federal court (as opposed to State court), and provided the option to collect attorney’s fees for having to litigate this. </blockquote>And writing in part:<ref>r/SatanicTemple_Reddit [https://www.reddit.com/r/SatanicTemple_Reddit/comments/uym4sv/tst_court_update_may _26_2022_this_one_is_by_tsts/ia76rxj/ o comment], May 26, 2022</ref><blockquote>All three surviving claims are questions of Washington State law, not Federal law. Defendants have moved for dismissal from Federal Court because, they argue, TST cannot show that there is an “amount in controversy” of at least $75,000 (which is required for Federal jurisdiction). I have announced resistance to the motion. I need to come up with a credible justification that it is not-impossible a jury could legally award at least $75,000 in damages.

Since punitive damages are on the table, that really means I really only need to justify $12,500 in out-of-pocket damages. Punitive damages can be up to 6x compensatory damages (out-of-pocket losses). I’ve been mired in Belle Plaine since they filed the motion, so I haven’t yet had an opportunity to evaluate the damages.</blockquote>In June 2022, this material was then included by the Defendants in a response regarding the motion to dismiss for lack of subject matter jurisdiction.<ref>Reply to Response to Motion — [https://www.courtlistener.com/docket/17042463/37/united-federation-of-churches-llc-v-johnson/ Document #37], June 10th, 2022</ref>

While waiting for the judge to rule on the motion to dismiss for lack of federal jurisdiction, on November 23, 2022, The Satanic Temple submitted a motion for a preliminary injunction on another Facebook page: Evergreen Memes for Queer Satanic Fiends.<ref>Preliminary Injunction — [https://www.courtlistener.com/docket/17042463/42/united-federation-of-churches-llc-v-johnson/ Document #42], November 23rd, 2022</ref> This was an unorthodox legal strategy both because it came two and a half years into the case rather than at the beginning as expected of a preliminary injunction and also because TST lead counsel had before filing been informed of and shown evidence that local representatives of The Satanic Temple had relinquished claims over that very social media page, both in writing and publicly in March 14-15, 2020, before the lawsuit ever began.<ref name=":0">Response to Motion — [https://www.courtlistener.com/docket/17042463/43/united-federation-of-churches-llc-v-johnson/ Document #43], December 13, 2022</ref>

TST Washington Media Liaison Paul M. Case ("Tarkus Claypool") sent an email March 14, 2020, with the subject line “Evergreen Memes for Queer Satanic Fiends”, saying:<ref>Declaration — [https://www.courtlistener.com/docket/17042463/44/united-federation-of-churches-llc-v-johnson/ Document #44], December 12th, 2022 (Page 26, email sent Sat, Mar 14, 2020 at 9:09 PM)</ref><blockquote>I saw that you made some changes to the TST WA State Allies FB group. I just wanted to let you know that it’s yours free and clear and we’ve no desire to claim it. You and ADJ built it and have done a great job doing so. I’m confident you’ll both continue doing awesome work.

Sorry the way things panned out, and I do mean all of it. I wish you and your family well, and respect your need to fight the fight your way.

Rock on,

-Tarkus Claypool Media Liaison, The Satanic Temple of Washington (he/him)</blockquote>The next day, in a March 15, 2020 online town hall meeting via Zoom, Media Liaison Case/Tarkus Claypool again publicly reiterated in front of TST-WA members, including TST Chapter Head, Leah Garvais ("Siri Sanguine"), that TST-WA had no interest in claiming the Memes Page:<ref name=":0" /> <blockquote>I do want to say that we’re not going to, you know, ask Lenore to give the page back in any way. I wish them well, and I hope that they continue growing that and make it a great success. Because they’re going to fight their fight, their way. And so, let them do what they want to, and I wish them well, because both Lenore and ADJ [Johnson] did a wonderful job in the roles that they had. It just wasn’t within the TST guidelines that we are beholden to. So I want to give them due credit, and just you know, wish them well with what they’re going to plan to do with it in the future.</blockquote>Despite having access to this information since before the beginning of litigation, and being made aware explicitly in June 2022, The Satanic Temple continued to repeat the assertion in and outside of court that a Facebook comment afterward by a third person, Nathan Sullivan — referencing this change in administrator rights by others in regards to a Facebook page he'd never had access to — was an admission of a crime.<ref>GoFundMe.com, [https://www.gofundme.com/f/the-satanic-temple-theft-amp-defamation-legal-fund The Satanic Temple -Theft & Defamation Legal Fund], July 17, 2020</ref><ref>Exhibit 5 — [https://www.courtlistener.com/docket/17042463/26/5/united-federation-of-churches-llc-v-johnson/ Document #26, Attachment #5], May 24th, 2021. (Facebook post and comments from March 15, 2020)

Nathan Sullivan:

''we have a meme page here that we stole from TST:''

''Evergreen Memes for Queer Satanic Fiends''

''and a small group of regional satanists that we're using as a sort of safe space and social club. I imagine i'll be setting up another Discord for us too''

An uninvolved person asks:

''But the question is, will you found an actual organization''

''The Satanic Temple 2: Electric Boogaloo?''

''The Satanic Temple 2: The Second One?''

''S2: The Mighty Satanists?''

Nathan Sullivan replies:

''Satanism Reloaded actually''

</ref><ref>Declaration — [https://www.courtlistener.com/docket/17042463/46/united-federation-of-churches-llc-v-johnson/ Document #46], December 12th, 2022 (Page 19-20)</ref>

On Jan. 6, 2023, Judge Jones granted the motion to dismiss the case for lack of federal jurisdiction, denying the Plaintiff's motion for a preliminary injunction at the same time.<ref>Order on Motion for Preliminary Injunction AND Order on Motion to Dismiss — [https://www.courtlistener.com/docket/17042463/48/united-federation-of-churches-llc-v-johnson/ Document #48], January 6th, 2023</ref>

On Jan. 24, 2023, The Satanic Temple notified the court they intended to appeal their federal district court loss to the Ninth Circuit and subsequently stated they planned to re-file their remaining claims in Washington State court as well.<ref>Court of Appeals for the Ninth Circuit [https://www.courtlistener.com/docket/66805454/2/united-federation-of-churches-llc-v-david-johnson/ Document #2], February 1st, 2023

''Currently there are no proceedings remaining below, nor are there currently any related proceedings in other tribunals on this matter. To preclude any statute of limitations issues, Plaintiff intends to refile the State claims which survived 12(b)(6) scrutiny and stay the case pending the outcome of this appeal; however, that has not happened yet.''</ref>

= Ninth Circuit Court of Appeals =
[https://www.courtlistener.com/docket/66805454/united-federation-of-churches-llc-v-david-johnson/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc Docket for Court of Appeals for the Ninth Circuit via CourtListener]

[Under construction]

=References=
<references />
[[Category:Lawsuits]]

United Federation of Churches LLC v. Johnson et al

2023-02-20T06:25:38Z

Loukanikos: /* Dismissal */

{{Lawsuits

| title={{PAGENAME}}

| image=

| caption=

| filedate=4/3/2020

| jurisdiction=US District Court for the Western District of Washington

| plaintiff=United Federation of Churches LLC

| defendant=David Alan Johnson, Nathan Sullivan, Leah Fishbaugh, Mickey Joshua Powell (formerly Mickey Meehan)

| intervenor=N/A

| state=Washington

| case=2:20-cv-00509

| result=Dismissed

| appeal1=Ongoing
| appeal2=N/A
| appeal3=N/A
| finalresult=N/A
}}
'''United Federation of Churches LLC v. Johnson et al''' is an ongoing federal court case filed April 3, 2020, by the for-profit corporation [[United Federation of Churches LLC]] d/b/a "The Satanic Temple," against four former members of the religion [[The Satanic Temple]] who had previously been members of the religion's local chapter based in Seattle, WA.<ref>[https://www.gofundme.com/f/legal-fund-for-victims-of-satanic-temple1 GoFundMe.com], ''Legal Fund for Victims of Satanic Temple''</ref>

The defendants have characterized the case as an example of a SLAPP or "Strategic Lawsuit Against Public Participation", an opinion shared by other legal analysts who have reviewed the suit and observers who have seen the Temple's subsequent legal action and threats against other critics.<ref>[https://www.newsweek.com/orgies-harassment-fraud-satanic-temple-rocked-accusations-lawsuit-1644042, Newsweek.com], "Orgies, Harassment, Fraud: Satanic Temple Rocked by Accusations, Lawsuit"

''The defendants say the case has devolved to a meritless S.L.A.P.P. (Strategic Lawsuit Against Public Participation) lawsuit as a way to bankrupt them for speaking out.'' </ref><ref>Social Actuality, "[https://www.socialactuality.com/post/schism-the-satanic-temple-a-lawsuit-and-the-necessity-of-clear-minded-settlement Schism – The Satanic Temple, a Lawsuit, and the Necessity of Clear Minded Settlement]", Jan. 18, 2022 (last updated April 20, 2022)

''While I may question the wisdom of some of the defendant’s actions, I also question TST’s bringing of plainly frivolous claims (for which the public also suffers harm, as even frivolous claims require precious court resources to litigate) and their general litigation tactics. For example, why weren’t the Dilution and Trespass to Chattels/Conversion claims pleaded in the initial complaint? It seems clear to me that nothing was preventing those claims from being pleaded at that time, so why wait? It creates the impression that TST is not legitimately seeking remedies for any harm caused, but is instead employing litigation in a “process as punishment” tactic to sap the defendants resources and induce what I’m sure is a significant amount of stress into their day-to-day lives. By dragging the defendants through the civil court system, TST may simply be attempting to get back at the defendants in a tit-for-tat conflict which has now spanned the course of 21 months and counting.''</ref><ref>Mike Dunford (@questauthority), [https://twitter.com/questauthority/status/1519149076251615232 Twitter.com], April 26, 2022

''I read The Satanic Temple’s complaint on stream tonight. It’s been a while since I was so irate about a case. The complaint itself is SLAPPy as hell; the claims are embarrassingly weak.''

''And, in my view, uses litigation to dox and harass former members.''

''And, to be clear, it’s not even harassing and doxing former members who are parties to the suit; it’s doxing and harassing former members who were sources in the article it’s suing over.''

''This is a bad lawsuit. The lawyers who filed it are bad for filing it. And they should feel bad about themselves.''

''I read the Newsweek article that TST is suing over. That made me think that they were an organization having a commonplace internal splat.''

''Their complaint in the suit made me think that their leaders are vindictive little turdbuckets who should be ostracized from polite society.''</ref> The Satanic Temple and its supporters dispute this characterization, considering it defamation they are willing to sue over, which they have followed through on at least twice.<ref>[[The Satanic Temple, Inc. v. Newsweek Magazine LLC]], [https://www.courtlistener.com/docket/63011247/1/the-satanic-temple-inc-v-newsweek-magazine-llc/ Complaint], Feb. 16, 2022

''45. The article states: “Meanwhile some members wondered why an organization like TST would go after four Seattleites with very modest means while it had bigger fish to fry elsewhere.” Exhibit 1 at 13. Together with the rest of the article, this statement implies that TST’s lawsuit against the Johnson defendants is rooted in a greater policy to harass dissenters, to the exclusion of being rooted in a fiduciary obligation to safeguard TST’s property. This statement and its implications are false and defamatory as follows.''

''46. It is false to assert that TST harasses dissenters, either as a general policy or specific to the Johnson defendants. The Johnson lawsuit would never have happened if they had simply returned TST’s property upon demand.''

''47. The assertion is also defamatory. It urges the public to refrain from associating with TST for fear that they will be the next target of harassment and to refrain from donating to TST for fear that the funds will be wasted on a frivolous lawsuit.''</ref><ref>[[Satanic Temple, Inc v. Jessica Snow]], [https://the.satanic.wiki/images/7/78/D-1-GN-22-006797_-_Plaintiff%27s_Original_Petition_w_Ex_76AC6EC7_-_2022-11-23.pdf Complaint], filed Nov. 23, 2022

''11. Similarly, Defendant Snow stated that TST “is suing former members to make them be quiet about the stuff they experienced while in the Temple.” In fact, TST sued some former members because they stole property from TST and – using that stolen property – channeled provably false and harmful statements to TST’s members to divert funds from those members to a new competitor organization. This is defamatory because it inaccurately paints TST as an abusive organization and tends to diminish the public trust in TST as a religious organization''</ref>

On January 9, 2023, the judge granted a final motion to dismiss in accordance with FRCP 12(b)(1) (lack of subject matter jurisdiction).

On January 24, 2023, The Satanic Temple filed a notice of appeal of this judgment.

= Background =
[in progress]

= Original Complaint =
In its original filing, The Satanic Temple levied five complaints against the defendants, alleging two violations under federal law and three under Washington State law:

* [https://www.law.cornell.edu/uscode/text/18/1030 Computer Fraud and Abuse Act] (CFAA)
* Cyberpiracy per [https://www.law.cornell.edu/uscode/text/15/1125 USC 1125(d)]
* Tortious interference with business expectancy
* Violation of Washington's [https://apps.leg.wa.gov/rcw/default.aspx?cite=19.86 Consumer Protection Act]
* Defamation

CFAA:

* TST claimed that the defendants were previously authorized administrators of the Washington Chapter's social media, and that the contours of this authorization were detailed by a "Membership Agreement and Code of Conduct" which was allegedly signed by all four defendants. Defendant Sullivan allegedly possesses the sole copy of these signed agreements. TST claimed liability under the CFAA due to Johnson's alleged removal of all other administrators over the Chapter page, Powell's alleged removal of all administrators besides the Defendants over the Allies page, and Fishbaugh's alleged changing of the password and recovery email and phone number over the Chapter's Google-based email account. All of these actions allegedly "exceeded authorization" granted under the Code of Conduct.
Cyberpiracy:

* At the time of Johnson's alleged posting of the "manifesto" on the Chapter page, the page itself was findable under the URL "facebook.com/TheSatanicTempleWashington." TST claimed that because it has the exclusive rights to the name "The Satanic Temple," this was actionable cyberpiracy under [https://www.law.cornell.edu/uscode/text/15/1125 USC 1125(d)].

Tortious interference with business expectancy:

* TST claimed that the defendants intentionally severed the business relationship between TST and Facebook by misappropriating the Facebook pages, with the alleged purposes of harming the Washington Chapter and forming a competitor organization.

Violation of Washington's CPA:

* TST claimed that the Chapter and Allies page utilized trademarks registered by TST, and that its intellectual property included "trade secret materials including membership listings, membership agreements, internal policies and procedures, other governance materials, and access to a hard-won social media following." TST claimed that the utilization of this intellectual property to create an alleged competitor organization constituted "unfair or deceptive acts or practices in the conduct of trade or commerce" per RCW 19.86.

Defamation:

* TST claimed that Defendants falsely ascribed "extremist ideologies and affiliations" to TST, by way of Johnson's manifesto allegedly accusing TST leadership of being "cozy with the alt-right, [and being] white supremacists," as well as by way of Johnson utilizing the Chapter page to post commentary and links "with the general and false theme that TST leaders are incompetent fascists."
* Curiously, TST also accuses Johnson of tying TST to extremism by way of following a number of unspecified "extremist" groups on the Chapter's Twitter account, and by changing its profile description to “Satan stands as the ultimate icon for selfless revolt. We oppose irrational, unjust hierarchies like white supremacy, patriarchy, ableism, & cishet normality.”

=== Dismissal ===
All complaints were dismissed on February 26, 2021. From Judge Jones' [https://www.courtlistener.com/docket/17042463/20/united-federation-of-churches-llc-v-johnson/ ruling]:

CFAA:<blockquote>According to The Satanic Temple, Defendant Johnson’s and Defendant Meeham’s actions on Facebook—posting links and commentary, posting a manifesto, and removing previously-approved administrators except Defendants—violated the Code of Conduct and therefore exceeded the authority granted to them. This circuit has already considered and rejected that argument. Violating a company’s terms of use (here, the Code of Conduct) is insufficient to state a CFAA claim....The Satanic Temple does not claim that it prohibited Defendants from accessing its Facebook accounts altogether, yet they accessed it anyway. Nor does it claim that it restricted Defendants’ access to certain features of those accounts, yet Defendants wandered where they were not allowed. Instead, it claims that it restricted Defendants’ use of those accounts through its Code of Conduct, which Defendants violated, an argument squarely rejected in ''Nosal''. At most, The Satanic Temple alleges that Defendants have misappropriated the authority granted to them. But the CFAA is an “anti-hacking statute,” not a “misappropriation statute.” Defendants may have very well abused their authority, but The Satanic Temple has not alleged that they exceeded it.</blockquote>Cyberpiracy:<blockquote>This claim fails for one reason. The “domain in question” is not in fact “facebook.com/TheSatanicTempleWashington.” The “domain name” is “facebook.com.” And The Satanic Temple does not claim to own it. Its trademark lies in the post-domain path, which does not constitute a “domain name” under the ACPA. As explained above, the statute defines the term “domain name,” and the case law provides further clarification. The Satanic Temple’s claim fails under both. In reverse order, cases in this circuit explain that there are two parts to a domain name, a top-level and a second-level. Post-domain paths are not included in that combination. Here, the top-level is “.com,” and the second-level is “facebook.” The Satanic Temple’s trademark is contained in neither.</blockquote>Tortious interference:<blockquote>As to these elements, The Satanic Temple’s allegations fall short. It does not allege that Defendants knew about the Facebook pages’ pecuniary value or knew that there was some business arrangement between Facebook and The Satanic Temple. At best, it alleges that “Defendants had subjective knowledge of the business relationship.” This conclusory recitation of the second element is insufficient to state a claim. Likewise, The Satanic Temple does not allege that the interference was wrongful beyond the interference itself—no alleged violation of a statute, regulation, common law rule, or professional standard.</blockquote>Washington's Consumer Protection Act:<blockquote>The parties argue only a few of the CPA elements. Defendants say that The Satanic Temple has failed to allege that the unfair or deceptive acts here occurred “in trade or commerce,” given that neither party sells assets or services. The Satanic Temple, on the other hand, argues that “[c]ommerce is implicated by the stolen Facebook pages because they have an economic value” to The Satanic Temple. The Court need not settle that dispute. To state a CPA claim, The Satanic Temple must allege all five elements. One element, unaddressed by either the parties’ briefing or the complaint, is that an unfair or deceptive act must “affect the public interest.” On this score, all The Satanic Temple alleges is that Defendants “deceive[d] the public with a deliberate, willful intent to disparage or pass off competitor services as those of T[he Satanic Temple].” This conclusory allegation fails to satisfy the third CPA prong. It fails to allege that “other plaintiffs have been or will be injured in the same fashion.” And the other four public interest facts are equally unaddressed.</blockquote>The first four complaints were dismissed with leave to be amended and brought forth in a revised complaint. However, the defamation allegation was dismissed with prejudice on the grounds that adjudicating it would run afoul of the establishment of church and state. From Jones:<blockquote>The Court agrees with Defendants. The doctrine of ecclesiastical abstention applies. The Court may not resolve the defamation claim without delving into doctrinal matters. To determine whether Defendants’ statements were defamatory, the Court or jury must inevitably determine that the statements were false. That would require the Court or jury to define the beliefs held by The Satanic Temple and to determine that ableism, misogyny, racism, fascism, and transphobia fall outside those beliefs. That the Court cannot do without violating the First Amendment.</blockquote>

=== Motion for Reconsideration ===
On March 21, 2021, TST filed a motion to have the dismissals of the ACPA and defamation claims reconsidered. TST argued that because Facebook allows users to obtain accounts with unique electronic addresses, Facebook should be considered a domain name registration authority within the meaning of the ACPA.

In regards to its defamation claim, TST argued that the court was obligated to accept TST's determination of its own doctrines, and that this dispute could be resolved "on purely secular rules" by the court "treating TST like it would any other organization."

Judge Jones, however, pointed out that "the principle that a court must “accept as a given” a church’s own determination of its doctrine applies where the plaintiff challenges a church tribunal’s application of its own rules—not where the church is the plaintiff suing another party."

This motion for reconsideration was denied on April 12, 2022.

= Amended Complaint =
On March 29, 2021, in keeping with the freedom to amend its complaints granted in the wake of the first dismissal, TST filed its first amended complaint. However, shortly afterward, it sought leave to amend this complaint further. During a procedural conference of the counsels for both parties, the Defendants agreed not to contest the filing of the second amended complaint, on the provisos that the Defendants retained the right to respond to it with a motion to dismiss, as well as the stipulation that nothing changed between the first and second amended complaints except the introduction of a new trademark dilution claim.

TST's Second Amended Complaint (SAC) was filed on May 24, 2021. TST decided to drop its ACPA and CPA complaints rather than amend their defects. The SAC allegations are as follows:

* Computer Fraud and Abuse Act (amended)
* Tortious interference with business expectancy (amended)
* Trespass to chattels and conversion (note: trepass and conversion are ordinarily two separate allegations, but under Washington law, they differ by a slight enough degree as to be discussed jointly by the judge below)
* Trademark dilution per Federal Trademark Dilution Act, [https://www.law.cornell.edu/uscode/text/15/1125 USC 1125(c)] (new)

CFAA:

* Previously, TST had alleged that the defendants' use of the Facebook pages exceeded their authorization. The SAC now alleges that the removal of the Defendants from TST's local advisory board and membership implicitly also revoked their authorization to manage TST's social media, and that Johnson's subsequent access to the Chapter page after the alleged revocation constitutes a "hacking" of this page under the CFAA. TST alleges that the attempted unsuccessful "hacking" of the Twitter and Google accounts were similarly hackings subsequent to the alleged revocation of authorized access.

Tortious interference:

* In the initial complaint, Judge Jones ruled that the second and fourth elements of this allegation were insufficiently-argued - that TST failed to show that the defendants had knowledge of the business relationship between Facebook and TST, or that the defendants' interference was driven by "an improper purpose or used improper means." TST's amended complaint alleged the defendants "had subjective knowledge of the business relationship between Facebook and TST," and alleged more explicitly that the interference was for the improper purpose of "harming the Washington Chapter, and TST at large, and creating a competitor organization."

Trespass to chattels and conversion:

* TST alleged that the Defendants intentionally dispossessed TST of the Chapter and Allies pages and removing TST's authorized administrators, depriving TST of possession or use of them. TST made the same allegation regarding unspecified "membership-related documents," alleging that Sullivan in particular maintains exclusive control over them.

Trademark dilution:

* TST alleged the existence of a competitor organization titled "The Satanic Temple 2: Electric Boogaloo," claiming that it had a likelihood of impairing the distinctiveness of "The Satanic Temple" as a famous trademark.
* TST alleged that alternatively, statements made by Defendants' alleged competitor organization were liable to divert potential members away from TST by affiliating itself with politically "extremist" organizations and suggesting that TST is associated with "Antifa," theoretically jeopardizing both TST's reputation and tax-exempt status as a church, as well as jeopardizing the civil rights of TST's membership base
* TST alleged further that there is merchandise being sold by Defendants featuring "derivative marks" and which are advertised on TST's Allies page.

=== Dismissal ===
On April 15, 2022, Judge Jones issued an order granting a mixed dismissal of the allegations of the SAC, granting leave to amend the federal complaints within a narrow scope, while allowing the state-level claims to proceed.

CFAA:<blockquote>Because TST does not allege that it suffered damage or loss due to misappropriation of the Twitter account—only that it “would have” suffered a loss if the misappropriation were successful—it cannot meet the threshold requirements for bringing a civil action based on the Twitter account. Therefore, the court GRANTS Defendants’ motion to dismiss TST’s CFAA claims based on alleged interference with its Google and Twitter accounts.

...TST alleges only that it revoked administrative access to the Chapter page and the Twitter and Google accounts, and its March 23, 2020 letter refers only to the Chapter page. TST thus has not plausibly alleged that Defendants’ access to the Allies page was “without authorization” within the meaning of the CFAA. Similarly, TST states no basis for a CFAA claim against Mr. Meehan, Ms. Fishbaugh, or Mr. Sullivan. It makes no allegation that any of them were involved in the alleged “hacking” of the Chapter page or obtained or altered information on that page in violation of 18 U.S.C. § 1030(a)(2). Accordingly, the court DISMISSES TST’s CFAA claim to the extent it is based on the Allies page and to the extent it is asserted against Mr. Meehan, Ms. Fishbaugh, and Mr. Sullivan.

...The court concludes that TST has plausibly alleged that it suffered “loss” due to the loss of its members, which in turn was caused by Mr. Johnson’s actions. TST, however, leaves the court no basis to allocate its alleged losses between those due to a temporary “lost ability to communicate” (which are not cognizable) and the loss of its members...Accordingly, the court GRANTS Defendants’ motion to dismiss TST’s CFAA claim based on Mr. Johnson’s “hacking” of the Chapter page.</blockquote>Tortious interference:<blockquote>The court concludes that TST has, with its second amended complaint, plausibly alleged that Defendants had knowledge of the business relationship between Facebook and TST...With respect to the fourth element, the court concludes that TST has sufficiently pleaded that Defendants acted with an improper purpose—to harm the Chapter, create a competitor organization, and divert donations to that competitor. Although Defendants are correct that the “improper means” prong of the fourth element requires a violation of a “statute, regulation, common law rule, or professional standard,” the “improper purpose” prong bears no such requirement....Because TST has now plausibly alleged facts to support each element of its tortious interference with business expectancy claim, the court DENIES Defendants’ motion to dismiss the claim.</blockquote>Trespass and conversion of chattels:<blockquote>Defendants contend that TST has failed to allege either (1) damages flowing from Defendants’ trespass to or conversion of the Chapter page, or (2) facts supporting its entitlement to prospective injunctive relief. (See Mot. at 18-19.) The court agrees with Defendants. To state a claim for prospective injunctive relief, a plaintiff must plausibly allege an imminent future injury...Because TST has not done so here, the court DISMISSES its trespass and conversion claims based on Defendants’ interference with the Chapter page.

Because Defendants’ motion to dismiss TST’s claims for trespass to or conversion of the Allies page and documents is based solely on the erroneous contention that TST was required to specifically plead a demand to return and a refusal to return (see Mot. at 19-20; Reply at 8-9), the court DENIES the motion to dismiss TST’s trespass and conversion claims on that basis.</blockquote>Trademark dilution and blurring:<blockquote>Defendants are correct that TST has failed to allege any commercial use by Defendants of its trademark. Indeed, the only mentions of the phrase “The Satanic Temple 2: Electric Boogaloo” in the second amended complaint are in paragraphs alleging that Defendants “provisionally” used that phrase as the name for their alleged competitor organization; it makes no factual allegations that would allow the court to draw the plausible inference that such an organization exists. And the only mention of the phrase in TST’s exhibits to its second amended complaint is what appears to be a third-party comment on Mr. Sullivan’s Facebook page proposing possible names, including “The Satanic Temple 2: The Second One” and “S2: The Mighty Satanists.”...Because TST fails to plausibly allege that Defendants are making a commercial use of TST’s famous or distinctive mark, its FTDRA claim cannot survive. The court GRANTS Defendants’ motion to dismiss TST’s FTDRA claim.</blockquote>The deadline for TST to file an amended complaint addressing the permitted deficiencies was 11:59pm on April 29, 2022. TST elected not to file an amended complaint. Nor did they file for a deadline extension to file an amended complaint. Consequently, while the state law allegations were permitted to proceed to discovery, the federal allegations remained dismissed, exposing TST to a motion to dismiss under FRCP 12(b)(1) - lack of subject matter jurisdiction.

= Final dismissal =
[in progress]

= District Court =
[https://www.courtlistener.com/docket/17042463/united-federation-of-churches-llc-v-johnson/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc Docket for Federal District Court via CourtListener]

[https://www.courtlistener.com/docket/66805454/united-federation-of-churches-llc-v-david-johnson/ Docket for Court of Appeals via CourtListener]

U.S. District Judge Richard Jones dismissed the original complaint on Feb. 26, 2021, but allowed The Satanic Temple to refile on all but one of the initial claims (defamation).<ref>Order on Motion to Dismiss — [https://www.courtlistener.com/docket/17042463/20/united-federation-of-churches-llc-v-johnson/ Document #20], February 26th, 2021.</ref>

The Plaintiff filed a motion for reconsideration on the defamation claim and cyberpiracy claim dismissal in March 2021, which was denied and the dismissal reaffirmed in April 2022.<ref>Order on Motion for Reconsideration — [https://www.courtlistener.com/docket/17042463/30/united-federation-of-churches-llc-v-johnson/ Document #30], April 12th, 2022</ref> The Plaintiff also amended their complaint twice, first in May 2021 then again in June 2021 after being informed that the Facebook page the Temple was demanding returned had been in TST's possession since May 2020.<ref>Amended Complaint — [https://www.courtlistener.com/docket/17042463/26/united-federation-of-churches-llc-v-johnson/ Document #26], May 24th, 2021</ref><ref>Response to Motion — [https://www.courtlistener.com/docket/17042463/28/united-federation-of-churches-llc-v-johnson/ Document #28], June 28th, 2021</ref> The Defendants made motions to dismiss the case for each of these complaints, and in April 2022, the Judge Jones granted the operative motion in part with leave to amend for several of the dismissed complaints.<ref>~Util - Set/Reset Deadlines/Hearings AND Order on Motion to Dismiss — [https://www.courtlistener.com/docket/17042463/31/united-federation-of-churches-llc-v-johnson/ Document #31], April 15th, 2022</ref>

However, The Satanic Temple did not amend their complaint for this third time by the deadline given, and in May 2022, the defendants made a motion to dismiss the case for lack of federal jurisdiction on the surviving claims.<ref>Dismiss — [https://www.courtlistener.com/docket/17042463/33/united-federation-of-churches-llc-v-johnson/ Document #33], May 14th, 2022</ref> While working on his reply to this motion, TST lead counsel Matt Kezhaya went onto Reddit for an "Ask Me Anything" about his sanctioning in an unrelated case. In that, Kezhaya did address the Johnson case several times, stating in the original version of his post:<ref>r/SatanicTemple_Reddit [https://web.archive.org/web/20220527005507/https:/www.reddit.com/r/SatanicTemple_Reddit/comments/uym4sv/tst_court_update_may_26_2022_this_one_is_by_tsts/ post] "TST Court Update! (May 26, 2022) -- this one is by TST's lawyer", May 26, 2022</ref><blockquote>I will not answer any questions related to the idiots that call themselves “QueerSatanic,” or their idiot-conspiracy theories. My only comment on that topic is:

I can’t believe you morons have spent more than $80,000 fighting to keep TST’s Facebook page. You are pathetic. You have no concept of civil liberties, or what is at stake by the ever-encroaching theocracy. Your lawyer is a gentleman and a scholar. I hope he squeezes every last penny from you living corpses, and anyone that gives you the time of day. </blockquote>Despite acknowledging it would be unwise to talk about an ongoing lawsuit, Kezhaya went on to elaborate on his strategy in the case in response to several people's questions, stating:<ref>r/SatanicTemple_Reddit [https://web.archive.org/web/20220527211543/https:/www.reddit.com/r/SatanicTemple_Re ddit/comments/uym4sv/tst_court_update_may_26_2022_this_one_is_by_tsts/ia7nt39/?cont ext=8&depth=9 o comment], May 26, 2022</ref><blockquote>I wanted some federal statutes to apply because that would maximize TST’s damages, would keep us in Federal court (as opposed to State court), and provided the option to collect attorney’s fees for having to litigate this. </blockquote>And writing in part:<ref>r/SatanicTemple_Reddit [https://www.reddit.com/r/SatanicTemple_Reddit/comments/uym4sv/tst_court_update_may _26_2022_this_one_is_by_tsts/ia76rxj/ o comment], May 26, 2022</ref><blockquote>All three surviving claims are questions of Washington State law, not Federal law. Defendants have moved for dismissal from Federal Court because, they argue, TST cannot show that there is an “amount in controversy” of at least $75,000 (which is required for Federal jurisdiction). I have announced resistance to the motion. I need to come up with a credible justification that it is not-impossible a jury could legally award at least $75,000 in damages.

Since punitive damages are on the table, that really means I really only need to justify $12,500 in out-of-pocket damages. Punitive damages can be up to 6x compensatory damages (out-of-pocket losses). I’ve been mired in Belle Plaine since they filed the motion, so I haven’t yet had an opportunity to evaluate the damages.</blockquote>In June 2022, this material was then included by the Defendants in a response regarding the motion to dismiss for lack of subject matter jurisdiction.<ref>Reply to Response to Motion — [https://www.courtlistener.com/docket/17042463/37/united-federation-of-churches-llc-v-johnson/ Document #37], June 10th, 2022</ref>

While waiting for the judge to rule on the motion to dismiss for lack of federal jurisdiction, on November 23, 2022, The Satanic Temple submitted a motion for a preliminary injunction on another Facebook page: Evergreen Memes for Queer Satanic Fiends.<ref>Preliminary Injunction — [https://www.courtlistener.com/docket/17042463/42/united-federation-of-churches-llc-v-johnson/ Document #42], November 23rd, 2022</ref> This was an unorthodox legal strategy both because it came two and a half years into the case rather than at the beginning as expected of a preliminary injunction and also because TST lead counsel had before filing been informed of and shown evidence that local representatives of The Satanic Temple had relinquished claims over that very social media page, both in writing and publicly in March 14-15, 2020, before the lawsuit ever began.<ref name=":0">Response to Motion — [https://www.courtlistener.com/docket/17042463/43/united-federation-of-churches-llc-v-johnson/ Document #43], December 13, 2022</ref>

TST Washington Media Liaison Paul M. Case ("Tarkus Claypool") sent an email March 14, 2020, with the subject line “Evergreen Memes for Queer Satanic Fiends”, saying:<ref>Declaration — [https://www.courtlistener.com/docket/17042463/44/united-federation-of-churches-llc-v-johnson/ Document #44], December 12th, 2022 (Page 26, email sent Sat, Mar 14, 2020 at 9:09 PM)</ref><blockquote>I saw that you made some changes to the TST WA State Allies FB group. I just wanted to let you know that it’s yours free and clear and we’ve no desire to claim it. You and ADJ built it and have done a great job doing so. I’m confident you’ll both continue doing awesome work.

Sorry the way things panned out, and I do mean all of it. I wish you and your family well, and respect your need to fight the fight your way.

Rock on,

-Tarkus Claypool Media Liaison, The Satanic Temple of Washington (he/him)</blockquote>The next day, in a March 15, 2020 online town hall meeting via Zoom, Media Liaison Case/Tarkus Claypool again publicly reiterated in front of TST-WA members, including TST Chapter Head, Leah Garvais ("Siri Sanguine"), that TST-WA had no interest in claiming the Memes Page:<ref name=":0" /> <blockquote>I do want to say that we’re not going to, you know, ask Lenore to give the page back in any way. I wish them well, and I hope that they continue growing that and make it a great success. Because they’re going to fight their fight, their way. And so, let them do what they want to, and I wish them well, because both Lenore and ADJ [Johnson] did a wonderful job in the roles that they had. It just wasn’t within the TST guidelines that we are beholden to. So I want to give them due credit, and just you know, wish them well with what they’re going to plan to do with it in the future.</blockquote>Despite having access to this information since before the beginning of litigation, and being made aware explicitly in June 2022, The Satanic Temple continued to repeat the assertion in and outside of court that a Facebook comment afterward by a third person, Nathan Sullivan — referencing this change in administrator rights by others in regards to a Facebook page he'd never had access to — was an admission of a crime.<ref>GoFundMe.com, [https://www.gofundme.com/f/the-satanic-temple-theft-amp-defamation-legal-fund The Satanic Temple -Theft & Defamation Legal Fund], July 17, 2020</ref><ref>Exhibit 5 — [https://www.courtlistener.com/docket/17042463/26/5/united-federation-of-churches-llc-v-johnson/ Document #26, Attachment #5], May 24th, 2021. (Facebook post and comments from March 15, 2020)

Nathan Sullivan:

''we have a meme page here that we stole from TST:''

''Evergreen Memes for Queer Satanic Fiends''

''and a small group of regional satanists that we're using as a sort of safe space and social club. I imagine i'll be setting up another Discord for us too''

An uninvolved person asks:

''But the question is, will you found an actual organization''

''The Satanic Temple 2: Electric Boogaloo?''

''The Satanic Temple 2: The Second One?''

''S2: The Mighty Satanists?''

Nathan Sullivan replies:

''Satanism Reloaded actually''

</ref><ref>Declaration — [https://www.courtlistener.com/docket/17042463/46/united-federation-of-churches-llc-v-johnson/ Document #46], December 12th, 2022 (Page 19-20)</ref>

On Jan. 6, 2023, Judge Jones granted the motion to dismiss the case for lack of federal jurisdiction, denying the Plaintiff's motion for a preliminary injunction at the same time.<ref>Order on Motion for Preliminary Injunction AND Order on Motion to Dismiss — [https://www.courtlistener.com/docket/17042463/48/united-federation-of-churches-llc-v-johnson/ Document #48], January 6th, 2023</ref>

On Jan. 24, 2023, The Satanic Temple notified the court they intended to appeal their federal district court loss to the Ninth Circuit and subsequently stated they planned to re-file their remaining claims in Washington State court as well.<ref>Court of Appeals for the Ninth Circuit [https://www.courtlistener.com/docket/66805454/2/united-federation-of-churches-llc-v-david-johnson/ Document #2], February 1st, 2023

''Currently there are no proceedings remaining below, nor are there currently any related proceedings in other tribunals on this matter. To preclude any statute of limitations issues, Plaintiff intends to refile the State claims which survived 12(b)(6) scrutiny and stay the case pending the outcome of this appeal; however, that has not happened yet.''</ref>

= Ninth Circuit Court of Appeals =
[https://www.courtlistener.com/docket/66805454/united-federation-of-churches-llc-v-david-johnson/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc Docket for Court of Appeals for the Ninth Circuit via CourtListener]

[Under construction]

=References=
<references />
[[Category:Lawsuits]]

United Federation of Churches LLC v. Johnson et al

2023-02-20T06:20:39Z

Loukanikos: Addition of discussion on SAC

{{Lawsuits

| title={{PAGENAME}}

| image=

| caption=

| filedate=4/3/2020

| jurisdiction=US District Court for the Western District of Washington

| plaintiff=United Federation of Churches LLC

| defendant=David Alan Johnson, Nathan Sullivan, Leah Fishbaugh, Mickey Joshua Powell (formerly Mickey Meehan)

| intervenor=N/A

| state=Washington

| case=2:20-cv-00509

| result=Dismissed

| appeal1=Ongoing
| appeal2=N/A
| appeal3=N/A
| finalresult=N/A
}}
'''United Federation of Churches LLC v. Johnson et al''' is an ongoing federal court case filed April 3, 2020, by the for-profit corporation [[United Federation of Churches LLC]] d/b/a "The Satanic Temple," against four former members of the religion [[The Satanic Temple]] who had previously been members of the religion's local chapter based in Seattle, WA.<ref>[https://www.gofundme.com/f/legal-fund-for-victims-of-satanic-temple1 GoFundMe.com], ''Legal Fund for Victims of Satanic Temple''</ref>

The defendants have characterized the case as an example of a SLAPP or "Strategic Lawsuit Against Public Participation", an opinion shared by other legal analysts who have reviewed the suit and observers who have seen the Temple's subsequent legal action and threats against other critics.<ref>[https://www.newsweek.com/orgies-harassment-fraud-satanic-temple-rocked-accusations-lawsuit-1644042, Newsweek.com], "Orgies, Harassment, Fraud: Satanic Temple Rocked by Accusations, Lawsuit"

''The defendants say the case has devolved to a meritless S.L.A.P.P. (Strategic Lawsuit Against Public Participation) lawsuit as a way to bankrupt them for speaking out.'' </ref><ref>Social Actuality, "[https://www.socialactuality.com/post/schism-the-satanic-temple-a-lawsuit-and-the-necessity-of-clear-minded-settlement Schism – The Satanic Temple, a Lawsuit, and the Necessity of Clear Minded Settlement]", Jan. 18, 2022 (last updated April 20, 2022)

''While I may question the wisdom of some of the defendant’s actions, I also question TST’s bringing of plainly frivolous claims (for which the public also suffers harm, as even frivolous claims require precious court resources to litigate) and their general litigation tactics. For example, why weren’t the Dilution and Trespass to Chattels/Conversion claims pleaded in the initial complaint? It seems clear to me that nothing was preventing those claims from being pleaded at that time, so why wait? It creates the impression that TST is not legitimately seeking remedies for any harm caused, but is instead employing litigation in a “process as punishment” tactic to sap the defendants resources and induce what I’m sure is a significant amount of stress into their day-to-day lives. By dragging the defendants through the civil court system, TST may simply be attempting to get back at the defendants in a tit-for-tat conflict which has now spanned the course of 21 months and counting.''</ref><ref>Mike Dunford (@questauthority), [https://twitter.com/questauthority/status/1519149076251615232 Twitter.com], April 26, 2022

''I read The Satanic Temple’s complaint on stream tonight. It’s been a while since I was so irate about a case. The complaint itself is SLAPPy as hell; the claims are embarrassingly weak.''

''And, in my view, uses litigation to dox and harass former members.''

''And, to be clear, it’s not even harassing and doxing former members who are parties to the suit; it’s doxing and harassing former members who were sources in the article it’s suing over.''

''This is a bad lawsuit. The lawyers who filed it are bad for filing it. And they should feel bad about themselves.''

''I read the Newsweek article that TST is suing over. That made me think that they were an organization having a commonplace internal splat.''

''Their complaint in the suit made me think that their leaders are vindictive little turdbuckets who should be ostracized from polite society.''</ref> The Satanic Temple and its supporters dispute this characterization, considering it defamation they are willing to sue over, which they have followed through on at least twice.<ref>[[The Satanic Temple, Inc. v. Newsweek Magazine LLC]], [https://www.courtlistener.com/docket/63011247/1/the-satanic-temple-inc-v-newsweek-magazine-llc/ Complaint], Feb. 16, 2022

''45. The article states: “Meanwhile some members wondered why an organization like TST would go after four Seattleites with very modest means while it had bigger fish to fry elsewhere.” Exhibit 1 at 13. Together with the rest of the article, this statement implies that TST’s lawsuit against the Johnson defendants is rooted in a greater policy to harass dissenters, to the exclusion of being rooted in a fiduciary obligation to safeguard TST’s property. This statement and its implications are false and defamatory as follows.''

''46. It is false to assert that TST harasses dissenters, either as a general policy or specific to the Johnson defendants. The Johnson lawsuit would never have happened if they had simply returned TST’s property upon demand.''

''47. The assertion is also defamatory. It urges the public to refrain from associating with TST for fear that they will be the next target of harassment and to refrain from donating to TST for fear that the funds will be wasted on a frivolous lawsuit.''</ref><ref>[[Satanic Temple, Inc v. Jessica Snow]], [https://the.satanic.wiki/images/7/78/D-1-GN-22-006797_-_Plaintiff%27s_Original_Petition_w_Ex_76AC6EC7_-_2022-11-23.pdf Complaint], filed Nov. 23, 2022

''11. Similarly, Defendant Snow stated that TST “is suing former members to make them be quiet about the stuff they experienced while in the Temple.” In fact, TST sued some former members because they stole property from TST and – using that stolen property – channeled provably false and harmful statements to TST’s members to divert funds from those members to a new competitor organization. This is defamatory because it inaccurately paints TST as an abusive organization and tends to diminish the public trust in TST as a religious organization''</ref>

On January 9, 2023, the judge granted a final motion to dismiss in accordance with FRCP 12(b)(1) (lack of subject matter jurisdiction).

On January 24, 2023, The Satanic Temple filed a notice of appeal of this judgment.

= Background =
[in progress]

= Original Complaint =
In its original filing, The Satanic Temple levied five complaints against the defendants, alleging two violations under federal law and three under Washington State law:

* [https://www.law.cornell.edu/uscode/text/18/1030 Computer Fraud and Abuse Act] (CFAA)
* Cyberpiracy per [https://www.law.cornell.edu/uscode/text/15/1125 USC 1125(d)]
* Tortious interference with business expectancy
* Violation of Washington's [https://apps.leg.wa.gov/rcw/default.aspx?cite=19.86 Consumer Protection Act]
* Defamation

CFAA:

* TST claimed that the defendants were previously authorized administrators of the Washington Chapter's social media, and that the contours of this authorization were detailed by a "Membership Agreement and Code of Conduct" which was allegedly signed by all four defendants. Defendant Sullivan allegedly possesses the sole copy of these signed agreements. TST claimed liability under the CFAA due to Johnson's alleged removal of all other administrators over the Chapter page, Powell's alleged removal of all administrators besides the Defendants over the Allies page, and Fishbaugh's alleged changing of the password and recovery email and phone number over the Chapter's Google-based email account. All of these actions allegedly "exceeded authorization" granted under the Code of Conduct.
Cyberpiracy:

* At the time of Johnson's alleged posting of the "manifesto" on the Chapter page, the page itself was findable under the URL "facebook.com/TheSatanicTempleWashington." TST claimed that because it has the exclusive rights to the name "The Satanic Temple," this was actionable cyberpiracy under [https://www.law.cornell.edu/uscode/text/15/1125 USC 1125(d)].

Tortious interference with business expectancy:

* TST claimed that the defendants intentionally severed the business relationship between TST and Facebook by misappropriating the Facebook pages, with the alleged purposes of harming the Washington Chapter and forming a competitor organization.

Violation of Washington's CPA:

* TST claimed that the Chapter and Allies page utilized trademarks registered by TST, and that its intellectual property included "trade secret materials including membership listings, membership agreements, internal policies and procedures, other governance materials, and access to a hard-won social media following." TST claimed that the utilization of this intellectual property to create an alleged competitor organization constituted "unfair or deceptive acts or practices in the conduct of trade or commerce" per RCW 19.86.

Defamation:

* TST claimed that Defendants falsely ascribed "extremist ideologies and affiliations" to TST, by way of Johnson's manifesto allegedly accusing TST leadership of being "cozy with the alt-right, [and being] white supremacists," as well as by way of Johnson utilizing the Chapter page to post commentary and links "with the general and false theme that TST leaders are incompetent fascists."
* Curiously, TST also accuses Johnson of tying TST to extremism by way of following a number of unspecified "extremist" groups on the Chapter's Twitter account, and by changing its profile description to “Satan stands as the ultimate icon for selfless revolt. We oppose irrational, unjust hierarchies like white supremacy, patriarchy, ableism, & cishet normality.”

=== Dismissal ===
All complaints were dismissed on February 26, 2021. From Judge Jones' [https://www.courtlistener.com/docket/17042463/20/united-federation-of-churches-llc-v-johnson/ ruling]:

CFAA:<blockquote>According to The Satanic Temple, Defendant Johnson’s and Defendant Meeham’s actions on Facebook—posting links and commentary, posting a manifesto, and removing previously-approved administrators except Defendants—violated the Code of Conduct and therefore exceeded the authority granted to them. This circuit has already considered and rejected that argument. Violating a company’s terms of use (here, the Code of Conduct) is insufficient to state a CFAA claim....The Satanic Temple does not claim that it prohibited Defendants from accessing its Facebook accounts altogether, yet they accessed it anyway. Nor does it claim that it restricted Defendants’ access to certain features of those accounts, yet Defendants wandered where they were not allowed. Instead, it claims that it restricted Defendants’ use of those accounts through its Code of Conduct, which Defendants violated, an argument squarely rejected in ''Nosal''. At most, The Satanic Temple alleges that Defendants have misappropriated the authority granted to them. But the CFAA is an “anti-hacking statute,” not a “misappropriation statute.” Defendants may have very well abused their authority, but The Satanic Temple has not alleged that they exceeded it.</blockquote>Cyberpiracy:<blockquote>This claim fails for one reason. The “domain in question” is not in fact “facebook.com/TheSatanicTempleWashington.” The “domain name” is “facebook.com.” And The Satanic Temple does not claim to own it. Its trademark lies in the post-domain path, which does not constitute a “domain name” under the ACPA. As explained above, the statute defines the term “domain name,” and the case law provides further clarification. The Satanic Temple’s claim fails under both. In reverse order, cases in this circuit explain that there are two parts to a domain name, a top-level and a second-level. Post-domain paths are not included in that combination. Here, the top-level is “.com,” and the second-level is “facebook.” The Satanic Temple’s trademark is contained in neither.</blockquote>Tortious interference:<blockquote>As to these elements, The Satanic Temple’s allegations fall short. It does not allege that Defendants knew about the Facebook pages’ pecuniary value or knew that there was some business arrangement between Facebook and The Satanic Temple. At best, it alleges that “Defendants had subjective knowledge of the business relationship.” This conclusory recitation of the second element is insufficient to state a claim. Likewise, The Satanic Temple does not allege that the interference was wrongful beyond the interference itself—no alleged violation of a statute, regulation, common law rule, or professional standard.</blockquote>Washington's Consumer Protection Act:<blockquote>The parties argue only a few of the CPA elements. Defendants say that The Satanic Temple has failed to allege that the unfair or deceptive acts here occurred “in trade or commerce,” given that neither party sells assets or services. The Satanic Temple, on the other hand, argues that “[c]ommerce is implicated by the stolen Facebook pages because they have an economic value” to The Satanic Temple. The Court need not settle that dispute. To state a CPA claim, The Satanic Temple must allege all five elements. One element, unaddressed by either the parties’ briefing or the complaint, is that an unfair or deceptive act must “affect the public interest.” On this score, all The Satanic Temple alleges is that Defendants “deceive[d] the public with a deliberate, willful intent to disparage or pass off competitor services as those of T[he Satanic Temple].” This conclusory allegation fails to satisfy the third CPA prong. It fails to allege that “other plaintiffs have been or will be injured in the same fashion.” And the other four public interest facts are equally unaddressed.</blockquote>The first four complaints were dismissed with leave to be amended and brought forth in a revised complaint. However, the defamation allegation was dismissed with prejudice on the grounds that adjudicating it would run afoul of the establishment of church and state. From Jones:<blockquote>The Court agrees with Defendants. The doctrine of ecclesiastical abstention applies. The Court may not resolve the defamation claim without delving into doctrinal matters. To determine whether Defendants’ statements were defamatory, the Court or jury must inevitably determine that the statements were false. That would require the Court or jury to define the beliefs held by The Satanic Temple and to determine that ableism, misogyny, racism, fascism, and transphobia fall outside those beliefs. That the Court cannot do without violating the First Amendment.</blockquote>

=== Motion for Reconsideration ===
On March 21, 2021, TST filed a motion to have the dismissals of the ACPA and defamation claims reconsidered. TST argued that because Facebook allows users to obtain accounts with unique electronic addresses, Facebook should be considered a domain name registration authority within the meaning of the ACPA.

In regards to its defamation claim, TST argued that the court was obligated to accept TST's determination of its own doctrines, and that this dispute could be resolved "on purely secular rules" by the court "treating TST like it would any other organization."

Judge Jones, however, pointed out that "the principle that a court must “accept as a given” a church’s own determination of its doctrine applies where the plaintiff challenges a church tribunal’s application of its own rules—not where the church is the plaintiff suing another party."

This motion for reconsideration was denied on April 12, 2022.

= Amended Complaint =
On March 29, 2021, in keeping with the freedom to amend its complaints granted in the wake of the first dismissal, TST filed its first amended complaint. However, shortly afterward, it sought leave to amend this complaint further. During a procedural conference of the counsels for both parties, the Defendants agreed not to contest the filing of the second amended complaint, on the provisos that the Defendants retained the right to respond to it with a motion to dismiss, as well as the stipulation that nothing changed between the first and second amended complaints except the introduction of a new trademark dilution claim.

TST's Second Amended Complaint (SAC) was filed on May 24, 2021. TST decided to drop its ACPA and CPA complaints rather than amend their defects. The SAC allegations are as follows:

* Computer Fraud and Abuse Act (amended)
* Tortious interference with business expectancy (amended)
* Trespass to chattels and conversion (note: trepass and conversion are ordinarily two separate allegations, but under Washington law, they differ by a slight enough degree as to be discussed jointly by the judge below)
* Trademark dilution per Federal Trademark Dilution Act, [https://www.law.cornell.edu/uscode/text/15/1125 USC 1125(c)] (new)

CFAA:

* Previously, TST had alleged that the defendants' use of the Facebook pages exceeded their authorization. The SAC now alleges that the removal of the Defendants from TST's local advisory board and membership implicitly also revoked their authorization to manage TST's social media, and that Johnson's subsequent access to the Chapter page after the alleged revocation constitutes a "hacking" of this page under the CFAA. TST alleges that the attempted unsuccessful "hacking" of the Twitter and Google accounts were similarly hackings subsequent to the alleged revocation of authorized access.

Tortious interference:

* In the initial complaint, Judge Jones ruled that the second and fourth elements of this allegation were insufficiently-argued - that TST failed to show that the defendants had knowledge of the business relationship between Facebook and TST, or that the defendants' interference was driven by "an improper purpose or used improper means." TST's amended complaint alleged the defendants "had subjective knowledge of the business relationship between Facebook and TST," and alleged more explicitly that the interference was for the improper purpose of "harming the Washington Chapter, and TST at large, and creating a competitor organization."

Trespass to chattels and conversion:

* TST alleged that the Defendants intentionally dispossessed TST of the Chapter and Allies pages and removing TST's authorized administrators, depriving TST of possession or use of them. TST made the same allegation regarding unspecified "membership-related documents," alleging that Sullivan in particular maintains exclusive control over them.

Trademark dilution:

* TST alleged the existence of a competitor organization titled "The Satanic Temple 2: Electric Boogaloo," claiming that it had a likelihood of impairing the distinctiveness of "The Satanic Temple" as a famous trademark.
* TST alleged that alternatively, statements made by Defendants' alleged competitor organization were liable to divert potential members away from TST by affiliating itself with politically "extremist" organizations and suggesting that TST is associated with "Antifa," theoretically jeopardizing both TST's reputation and tax-exempt status as a church, as well as jeopardizing the civil rights of TST's membership base
* TST alleged further that there is merchandise being sold by Defendants featuring "derivative marks" and which are advertised on TST's Allies page.

=== Dismissal ===
On April 15, 2022, Judge Jones issued an order granting a mixed dismissal of the allegations of the SAC, granting leave to amend the federal complaints within a narrow scope, while allowing the state-level claims to proceed.

CFAA:<blockquote>TST alleges only that it revoked administrative access to the Chapter page and the Twitter and Google accounts, and its March 23, 2020 letter refers only to the Chapter page. TST thus has not plausibly alleged that Defendants’ access to the Allies page was “without authorization” within the meaning of the CFAA. Similarly, TST states no basis for a CFAA claim against Mr. Meehan, Ms. Fishbaugh, or Mr. Sullivan. It makes no allegation that any of them were involved in the alleged “hacking” of the Chapter page or obtained or altered information on that page in violation of 18 U.S.C. § 1030(a)(2). Accordingly, the court DISMISSES TST’s CFAA claim to the extent it is based on the Allies page and to the extent it is asserted against Mr. Meehan, Ms. Fishbaugh, and Mr. Sullivan.

...The court concludes that TST has plausibly alleged that it suffered “loss” due to the loss of its members, which in turn was caused by Mr. Johnson’s actions. TST, however, leaves the court no basis to allocate its alleged losses between those due to a temporary “lost ability to communicate” (which are not cognizable) and the loss of its members...Accordingly, the court GRANTS Defendants’ motion to dismiss TST’s CFAA claim based on Mr. Johnson’s “hacking” of the Chapter page.</blockquote>Tortious interference:<blockquote>The court concludes that TST has, with its second amended complaint, plausibly alleged that Defendants had knowledge of the business relationship between Facebook and TST...With respect to the fourth element, the court concludes that TST has sufficiently pleaded that Defendants acted with an improper purpose—to harm the Chapter, create a competitor organization, and divert donations to that competitor. Although Defendants are correct that the “improper means” prong of the fourth element requires a violation of a “statute, regulation, common law rule, or professional standard,” the “improper purpose” prong bears no such requirement....Because TST has now plausibly alleged facts to support each element of its tortious interference with business expectancy claim, the court DENIES Defendants’ motion to dismiss the claim.</blockquote>Trespass and conversion of chattels:<blockquote>Defendants contend that TST has failed to allege either (1) damages flowing from Defendants’ trespass to or conversion of the Chapter page, or (2) facts supporting its entitlement to prospective injunctive relief. (See Mot. at 18-19.) The court agrees with Defendants. To state a claim for prospective injunctive relief, a plaintiff must plausibly allege an imminent future injury...Because TST has not done so here, the court DISMISSES its trespass and conversion claims based on Defendants’ interference with the Chapter page.

Because Defendants’ motion to dismiss TST’s claims for trespass to or conversion of the Allies page and documents is based solely on the erroneous contention that TST was required to specifically plead a demand to return and a refusal to return (see Mot. at 19-20; Reply at 8-9), the court DENIES the motion to dismiss TST’s trespass and conversion claims on that basis.</blockquote>Trademark dilution and blurring:<blockquote>Defendants are correct that TST has failed to allege any commercial use by Defendants of its trademark. Indeed, the only mentions of the phrase “The Satanic Temple 2: Electric Boogaloo” in the second amended complaint are in paragraphs alleging that Defendants “provisionally” used that phrase as the name for their alleged competitor organization; it makes no factual allegations that would allow the court to draw the plausible inference that such an organization exists. And the only mention of the phrase in TST’s exhibits to its second amended complaint is what appears to be a third-party comment on Mr. Sullivan’s Facebook page proposing possible names, including “The Satanic Temple 2: The Second One” and “S2: The Mighty Satanists.”...Because TST fails to plausibly allege that Defendants are making a commercial use of TST’s famous or distinctive mark, its FTDRA claim cannot survive. The court GRANTS Defendants’ motion to dismiss TST’s FTDRA claim.</blockquote>The deadline for TST to file an amended complaint addressing the permitted deficiencies was 11:59pm on April 29, 2022. TST elected not to file an amended complaint. Nor did they file for a deadline extension to file an amended complaint. Consequently, while the state law allegations were permitted to proceed to discovery, the federal allegations remained dismissed, exposing TST to a motion to dismiss under FRCP 12(b)(1) - lack of subject matter jurisdiction.

= Final dismissal =
[in progress]

= District Court =
[https://www.courtlistener.com/docket/17042463/united-federation-of-churches-llc-v-johnson/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc Docket for Federal District Court via CourtListener]

[https://www.courtlistener.com/docket/66805454/united-federation-of-churches-llc-v-david-johnson/ Docket for Court of Appeals via CourtListener]

U.S. District Judge Richard Jones dismissed the original complaint on Feb. 26, 2021, but allowed The Satanic Temple to refile on all but one of the initial claims (defamation).<ref>Order on Motion to Dismiss — [https://www.courtlistener.com/docket/17042463/20/united-federation-of-churches-llc-v-johnson/ Document #20], February 26th, 2021.</ref>

The Plaintiff filed a motion for reconsideration on the defamation claim and cyberpiracy claim dismissal in March 2021, which was denied and the dismissal reaffirmed in April 2022.<ref>Order on Motion for Reconsideration — [https://www.courtlistener.com/docket/17042463/30/united-federation-of-churches-llc-v-johnson/ Document #30], April 12th, 2022</ref> The Plaintiff also amended their complaint twice, first in May 2021 then again in June 2021 after being informed that the Facebook page the Temple was demanding returned had been in TST's possession since May 2020.<ref>Amended Complaint — [https://www.courtlistener.com/docket/17042463/26/united-federation-of-churches-llc-v-johnson/ Document #26], May 24th, 2021</ref><ref>Response to Motion — [https://www.courtlistener.com/docket/17042463/28/united-federation-of-churches-llc-v-johnson/ Document #28], June 28th, 2021</ref> The Defendants made motions to dismiss the case for each of these complaints, and in April 2022, the Judge Jones granted the operative motion in part with leave to amend for several of the dismissed complaints.<ref>~Util - Set/Reset Deadlines/Hearings AND Order on Motion to Dismiss — [https://www.courtlistener.com/docket/17042463/31/united-federation-of-churches-llc-v-johnson/ Document #31], April 15th, 2022</ref>

However, The Satanic Temple did not amend their complaint for this third time by the deadline given, and in May 2022, the defendants made a motion to dismiss the case for lack of federal jurisdiction on the surviving claims.<ref>Dismiss — [https://www.courtlistener.com/docket/17042463/33/united-federation-of-churches-llc-v-johnson/ Document #33], May 14th, 2022</ref> While working on his reply to this motion, TST lead counsel Matt Kezhaya went onto Reddit for an "Ask Me Anything" about his sanctioning in an unrelated case. In that, Kezhaya did address the Johnson case several times, stating in the original version of his post:<ref>r/SatanicTemple_Reddit [https://web.archive.org/web/20220527005507/https:/www.reddit.com/r/SatanicTemple_Reddit/comments/uym4sv/tst_court_update_may_26_2022_this_one_is_by_tsts/ post] "TST Court Update! (May 26, 2022) -- this one is by TST's lawyer", May 26, 2022</ref><blockquote>I will not answer any questions related to the idiots that call themselves “QueerSatanic,” or their idiot-conspiracy theories. My only comment on that topic is:

I can’t believe you morons have spent more than $80,000 fighting to keep TST’s Facebook page. You are pathetic. You have no concept of civil liberties, or what is at stake by the ever-encroaching theocracy. Your lawyer is a gentleman and a scholar. I hope he squeezes every last penny from you living corpses, and anyone that gives you the time of day. </blockquote>Despite acknowledging it would be unwise to talk about an ongoing lawsuit, Kezhaya went on to elaborate on his strategy in the case in response to several people's questions, stating:<ref>r/SatanicTemple_Reddit [https://web.archive.org/web/20220527211543/https:/www.reddit.com/r/SatanicTemple_Re ddit/comments/uym4sv/tst_court_update_may_26_2022_this_one_is_by_tsts/ia7nt39/?cont ext=8&depth=9 o comment], May 26, 2022</ref><blockquote>I wanted some federal statutes to apply because that would maximize TST’s damages, would keep us in Federal court (as opposed to State court), and provided the option to collect attorney’s fees for having to litigate this. </blockquote>And writing in part:<ref>r/SatanicTemple_Reddit [https://www.reddit.com/r/SatanicTemple_Reddit/comments/uym4sv/tst_court_update_may _26_2022_this_one_is_by_tsts/ia76rxj/ o comment], May 26, 2022</ref><blockquote>All three surviving claims are questions of Washington State law, not Federal law. Defendants have moved for dismissal from Federal Court because, they argue, TST cannot show that there is an “amount in controversy” of at least $75,000 (which is required for Federal jurisdiction). I have announced resistance to the motion. I need to come up with a credible justification that it is not-impossible a jury could legally award at least $75,000 in damages.

Since punitive damages are on the table, that really means I really only need to justify $12,500 in out-of-pocket damages. Punitive damages can be up to 6x compensatory damages (out-of-pocket losses). I’ve been mired in Belle Plaine since they filed the motion, so I haven’t yet had an opportunity to evaluate the damages.</blockquote>In June 2022, this material was then included by the Defendants in a response regarding the motion to dismiss for lack of subject matter jurisdiction.<ref>Reply to Response to Motion — [https://www.courtlistener.com/docket/17042463/37/united-federation-of-churches-llc-v-johnson/ Document #37], June 10th, 2022</ref>

While waiting for the judge to rule on the motion to dismiss for lack of federal jurisdiction, on November 23, 2022, The Satanic Temple submitted a motion for a preliminary injunction on another Facebook page: Evergreen Memes for Queer Satanic Fiends.<ref>Preliminary Injunction — [https://www.courtlistener.com/docket/17042463/42/united-federation-of-churches-llc-v-johnson/ Document #42], November 23rd, 2022</ref> This was an unorthodox legal strategy both because it came two and a half years into the case rather than at the beginning as expected of a preliminary injunction and also because TST lead counsel had before filing been informed of and shown evidence that local representatives of The Satanic Temple had relinquished claims over that very social media page, both in writing and publicly in March 14-15, 2020, before the lawsuit ever began.<ref name=":0">Response to Motion — [https://www.courtlistener.com/docket/17042463/43/united-federation-of-churches-llc-v-johnson/ Document #43], December 13, 2022</ref>

TST Washington Media Liaison Paul M. Case ("Tarkus Claypool") sent an email March 14, 2020, with the subject line “Evergreen Memes for Queer Satanic Fiends”, saying:<ref>Declaration — [https://www.courtlistener.com/docket/17042463/44/united-federation-of-churches-llc-v-johnson/ Document #44], December 12th, 2022 (Page 26, email sent Sat, Mar 14, 2020 at 9:09 PM)</ref><blockquote>I saw that you made some changes to the TST WA State Allies FB group. I just wanted to let you know that it’s yours free and clear and we’ve no desire to claim it. You and ADJ built it and have done a great job doing so. I’m confident you’ll both continue doing awesome work.

Sorry the way things panned out, and I do mean all of it. I wish you and your family well, and respect your need to fight the fight your way.

Rock on,

-Tarkus Claypool Media Liaison, The Satanic Temple of Washington (he/him)</blockquote>The next day, in a March 15, 2020 online town hall meeting via Zoom, Media Liaison Case/Tarkus Claypool again publicly reiterated in front of TST-WA members, including TST Chapter Head, Leah Garvais ("Siri Sanguine"), that TST-WA had no interest in claiming the Memes Page:<ref name=":0" /> <blockquote>I do want to say that we’re not going to, you know, ask Lenore to give the page back in any way. I wish them well, and I hope that they continue growing that and make it a great success. Because they’re going to fight their fight, their way. And so, let them do what they want to, and I wish them well, because both Lenore and ADJ [Johnson] did a wonderful job in the roles that they had. It just wasn’t within the TST guidelines that we are beholden to. So I want to give them due credit, and just you know, wish them well with what they’re going to plan to do with it in the future.</blockquote>Despite having access to this information since before the beginning of litigation, and being made aware explicitly in June 2022, The Satanic Temple continued to repeat the assertion in and outside of court that a Facebook comment afterward by a third person, Nathan Sullivan — referencing this change in administrator rights by others in regards to a Facebook page he'd never had access to — was an admission of a crime.<ref>GoFundMe.com, [https://www.gofundme.com/f/the-satanic-temple-theft-amp-defamation-legal-fund The Satanic Temple -Theft & Defamation Legal Fund], July 17, 2020</ref><ref>Exhibit 5 — [https://www.courtlistener.com/docket/17042463/26/5/united-federation-of-churches-llc-v-johnson/ Document #26, Attachment #5], May 24th, 2021. (Facebook post and comments from March 15, 2020)

Nathan Sullivan:

''we have a meme page here that we stole from TST:''

''Evergreen Memes for Queer Satanic Fiends''

''and a small group of regional satanists that we're using as a sort of safe space and social club. I imagine i'll be setting up another Discord for us too''

An uninvolved person asks:

''But the question is, will you found an actual organization''

''The Satanic Temple 2: Electric Boogaloo?''

''The Satanic Temple 2: The Second One?''

''S2: The Mighty Satanists?''

Nathan Sullivan replies:

''Satanism Reloaded actually''

</ref><ref>Declaration — [https://www.courtlistener.com/docket/17042463/46/united-federation-of-churches-llc-v-johnson/ Document #46], December 12th, 2022 (Page 19-20)</ref>

On Jan. 6, 2023, Judge Jones granted the motion to dismiss the case for lack of federal jurisdiction, denying the Plaintiff's motion for a preliminary injunction at the same time.<ref>Order on Motion for Preliminary Injunction AND Order on Motion to Dismiss — [https://www.courtlistener.com/docket/17042463/48/united-federation-of-churches-llc-v-johnson/ Document #48], January 6th, 2023</ref>

On Jan. 24, 2023, The Satanic Temple notified the court they intended to appeal their federal district court loss to the Ninth Circuit and subsequently stated they planned to re-file their remaining claims in Washington State court as well.<ref>Court of Appeals for the Ninth Circuit [https://www.courtlistener.com/docket/66805454/2/united-federation-of-churches-llc-v-david-johnson/ Document #2], February 1st, 2023

''Currently there are no proceedings remaining below, nor are there currently any related proceedings in other tribunals on this matter. To preclude any statute of limitations issues, Plaintiff intends to refile the State claims which survived 12(b)(6) scrutiny and stay the case pending the outcome of this appeal; however, that has not happened yet.''</ref>

= Ninth Circuit Court of Appeals =
[https://www.courtlistener.com/docket/66805454/united-federation-of-churches-llc-v-david-johnson/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc Docket for Court of Appeals for the Ninth Circuit via CourtListener]

[Under construction]

=References=
<references />
[[Category:Lawsuits]]

United Federation of Churches LLC v. Johnson et al

2023-02-20T02:22:21Z

Loukanikos:

{{Lawsuits

| title={{PAGENAME}}

| image=

| caption=

| filedate=4/3/2020

| jurisdiction=US District Court for the Western District of Washington

| plaintiff=United Federation of Churches LLC

| defendant=David Alan Johnson, Nathan Sullivan, Leah Fishbaugh, Mickey Joshua Powell (formerly Mickey Meehan)

| intervenor=N/A

| state=Washington

| case=2:20-cv-00509

| result=Dismissed

| appeal1=Ongoing
| appeal2=N/A
| appeal3=N/A
| finalresult=N/A
}}
'''United Federation of Churches LLC v. Johnson et al''' is an ongoing federal court case filed April 3, 2020, by the for-profit corporation [[United Federation of Churches LLC]] d/b/a "The Satanic Temple," against four former members of the religion [[The Satanic Temple]] who had previously been members of the religion's local chapter based in Seattle, WA.<ref>[https://www.gofundme.com/f/legal-fund-for-victims-of-satanic-temple1 GoFundMe.com], ''Legal Fund for Victims of Satanic Temple''</ref>

The defendants have characterized the case as an example of a SLAPP or "Strategic Lawsuit Against Public Participation", an opinion shared by other legal analysts who have reviewed the suit and observers who have seen the Temple's subsequent legal action and threats against other critics.<ref>[https://www.newsweek.com/orgies-harassment-fraud-satanic-temple-rocked-accusations-lawsuit-1644042, Newsweek.com], "Orgies, Harassment, Fraud: Satanic Temple Rocked by Accusations, Lawsuit"

''The defendants say the case has devolved to a meritless S.L.A.P.P. (Strategic Lawsuit Against Public Participation) lawsuit as a way to bankrupt them for speaking out.'' </ref><ref>Social Actuality, "[https://www.socialactuality.com/post/schism-the-satanic-temple-a-lawsuit-and-the-necessity-of-clear-minded-settlement Schism – The Satanic Temple, a Lawsuit, and the Necessity of Clear Minded Settlement]", Jan. 18, 2022 (last updated April 20, 2022)

''While I may question the wisdom of some of the defendant’s actions, I also question TST’s bringing of plainly frivolous claims (for which the public also suffers harm, as even frivolous claims require precious court resources to litigate) and their general litigation tactics. For example, why weren’t the Dilution and Trespass to Chattels/Conversion claims pleaded in the initial complaint? It seems clear to me that nothing was preventing those claims from being pleaded at that time, so why wait? It creates the impression that TST is not legitimately seeking remedies for any harm caused, but is instead employing litigation in a “process as punishment” tactic to sap the defendants resources and induce what I’m sure is a significant amount of stress into their day-to-day lives. By dragging the defendants through the civil court system, TST may simply be attempting to get back at the defendants in a tit-for-tat conflict which has now spanned the course of 21 months and counting.''</ref><ref>Mike Dunford (@questauthority), [https://twitter.com/questauthority/status/1519149076251615232 Twitter.com], April 26, 2022

''I read The Satanic Temple’s complaint on stream tonight. It’s been a while since I was so irate about a case. The complaint itself is SLAPPy as hell; the claims are embarrassingly weak.''

''And, in my view, uses litigation to dox and harass former members.''

''And, to be clear, it’s not even harassing and doxing former members who are parties to the suit; it’s doxing and harassing former members who were sources in the article it’s suing over.''

''This is a bad lawsuit. The lawyers who filed it are bad for filing it. And they should feel bad about themselves.''

''I read the Newsweek article that TST is suing over. That made me think that they were an organization having a commonplace internal splat.''

''Their complaint in the suit made me think that their leaders are vindictive little turdbuckets who should be ostracized from polite society.''</ref> The Satanic Temple and its supporters dispute this characterization, considering it defamation they are willing to sue over, which they have followed through on at least twice.<ref>[[The Satanic Temple, Inc. v. Newsweek Magazine LLC]], [https://www.courtlistener.com/docket/63011247/1/the-satanic-temple-inc-v-newsweek-magazine-llc/ Complaint], Feb. 16, 2022

''45. The article states: “Meanwhile some members wondered why an organization like TST would go after four Seattleites with very modest means while it had bigger fish to fry elsewhere.” Exhibit 1 at 13. Together with the rest of the article, this statement implies that TST’s lawsuit against the Johnson defendants is rooted in a greater policy to harass dissenters, to the exclusion of being rooted in a fiduciary obligation to safeguard TST’s property. This statement and its implications are false and defamatory as follows.''

''46. It is false to assert that TST harasses dissenters, either as a general policy or specific to the Johnson defendants. The Johnson lawsuit would never have happened if they had simply returned TST’s property upon demand.''

''47. The assertion is also defamatory. It urges the public to refrain from associating with TST for fear that they will be the next target of harassment and to refrain from donating to TST for fear that the funds will be wasted on a frivolous lawsuit.''</ref><ref>[[Satanic Temple, Inc v. Jessica Snow]], [https://the.satanic.wiki/images/7/78/D-1-GN-22-006797_-_Plaintiff%27s_Original_Petition_w_Ex_76AC6EC7_-_2022-11-23.pdf Complaint], filed Nov. 23, 2022

''11. Similarly, Defendant Snow stated that TST “is suing former members to make them be quiet about the stuff they experienced while in the Temple.” In fact, TST sued some former members because they stole property from TST and – using that stolen property – channeled provably false and harmful statements to TST’s members to divert funds from those members to a new competitor organization. This is defamatory because it inaccurately paints TST as an abusive organization and tends to diminish the public trust in TST as a religious organization''</ref>

On January 9, 2023, the judge granted a final motion to dismiss in accordance with FRCP 12(b)(1) (lack of subject matter jurisdiction).

On January 24, 2023, The Satanic Temple filed a notice of appeal of this judgment.

= Background =
[in progress]

= Original Complaint =
In its original filing, The Satanic Temple levied five complaints against the defendants, alleging two violations under federal law and three under Washington State law:

* [https://www.law.cornell.edu/uscode/text/18/1030 Computer Fraud and Abuse Act] (CFAA)
* Cyberpiracy per [https://www.law.cornell.edu/uscode/text/15/1125 USC 1125(d)]
* Tortious interference with business expectancy
* Violation of Washington's [https://apps.leg.wa.gov/rcw/default.aspx?cite=19.86 Consumer Protection Act]
* Defamation

CFAA:

* TST claimed that the defendants were previously authorized administrators of the Washington Chapter's social media, and that the contours of this authorization were detailed by a "Membership Agreement and Code of Conduct" which was allegedly signed by all four defendants. Defendant Sullivan allegedly possesses the sole copy of these signed agreements. TST claimed liability under the CFAA due to Johnson's alleged removal of all other administrators over the Chapter page, Powell's alleged removal of all administrators besides the Defendants over the Allies page, and Fishbaugh's alleged changing of the password and recovery email and phone number over the Chapter's Google-based email account. All of these actions allegedly "exceeded authorization" granted under the Code of Conduct.
Cyberpiracy:

* At the time of Johnson's alleged posting of the "manifesto" on the Chapter page, the page itself was findable under the URL "facebook.com/TheSatanicTempleWashington." TST claimed that because it has the exclusive rights to the name "The Satanic Temple," this was actionable cyberpiracy under [https://www.law.cornell.edu/uscode/text/15/1125 USC 1125(d)].

Tortious interference with business expectancy:

* TST claimed that the defendants intentionally severed the business relationship between TST and Facebook by misappropriating the Facebook pages, with the alleged purposes of harming the Washington Chapter and forming a competitor organization.

Violation of Washington's CPA:

* TST claimed that the Chapter and Allies page utilized trademarks registered by TST, and that its intellectual property included "trade secret materials including membership listings, membership agreements, internal policies and procedures, other governance materials, and access to a hard-won social media following." TST claimed that the alleged utilization of this intellectual property to create a competitor organization constituted "unfair or deceptive acts or practices in the conduct of any trade or commerce" per RCW 19.86.

Defamation:

* TST claimed that Defendants falsely ascribed "extremist ideologies and affiliations" to TST, by way of Johnson's manifesto allegedly accusing TST leadership of being "cozy with the alt-right, [and being] white supremacists," as well as by way of Johnson utilizing the Chapter page to post commentary and links "with the general and false theme that TST leaders are incompetent fascists."
* Curiously, TST also accuses Johnson of tying TST to extremism by way of following a number of unspecified "extremist" groups on the Chapter's Twitter account, and by changing its profile description to “Satan stands as the ultimate icon for selfless revolt. We oppose irrational, unjust hierarchies like white supremacy, patriarchy, ableism, & cishet normality.”

=== Dismissal ===
All complaints were dismissed on February 26, 2021. From Judge Jones' [https://www.courtlistener.com/docket/17042463/20/united-federation-of-churches-llc-v-johnson/ ruling]:

CFAA:<blockquote>According to The Satanic Temple, Defendant Johnson’s and Defendant Meeham’s actions on Facebook—posting links and commentary, posting a manifesto, and removing previously-approved administrators except Defendants—violated the Code of Conduct and therefore exceeded the authority granted to them. This circuit has already considered and rejected that argument. Violating a company’s terms of use (here, the Code of Conduct) is insufficient to state a CFAA claim....The Satanic Temple does not claim that it prohibited Defendants from accessing its Facebook accounts altogether, yet they accessed it anyway. Nor does it claim that it restricted Defendants’ access to certain features of those accounts, yet Defendants wandered where they were not allowed. Instead, it claims that it restricted Defendants’ use of those accounts through its Code of Conduct, which Defendants violated, an argument squarely rejected in ''Nosal''. At most, The Satanic Temple alleges that Defendants have misappropriated the authority granted to them. But the CFAA is an “anti-hacking statute,” not a “misappropriation statute.” Defendants may have very well abused their authority, but The Satanic Temple has not alleged that they exceeded it.</blockquote>Cyberpiracy:<blockquote>This claim fails for one reason. The “domain in question” is not in fact “facebook.com/TheSatanicTempleWashington.” The “domain name” is “facebook.com.” And The Satanic Temple does not claim to own it. Its trademark lies in the post-domain path, which does not constitute a “domain name” under the ACPA. As explained above, the statute defines the term “domain name,” and the case law provides further clarification. The Satanic Temple’s claim fails under both. In reverse order, cases in this circuit explain that there are two parts to a domain name, a top-level and a second-level. Post-domain paths are not included in that combination. Here, the top-level is “.com,” and the second-level is “facebook.” The Satanic Temple’s trademark is contained in neither.</blockquote>Tortious interference:<blockquote>As to these elements, The Satanic Temple’s allegations fall short. It does not allege that Defendants knew about the Facebook pages’ pecuniary value or knew that there was some business arrangement between Facebook and The Satanic Temple. At best, it alleges that “Defendants had subjective knowledge of the business relationship.” This conclusory recitation of the second element is insufficient to state a claim. Likewise, The Satanic Temple does not allege that the interference was wrongful beyond the interference itself—no alleged violation of a statute, regulation, common law rule, or professional standard.</blockquote>Washington's Consumer Protection Act:<blockquote>The parties argue only a few of the CPA elements. Defendants say that The Satanic Temple has failed to allege that the unfair or deceptive acts here occurred “in trade or commerce,” given that neither party sells assets or services. The Satanic Temple, on the other hand, argues that “[c]ommerce is implicated by the stolen Facebook pages because they have an economic value” to The Satanic Temple. The Court need not settle that dispute. To state a CPA claim, The Satanic Temple must allege all five elements. One element, unaddressed by either the parties’ briefing or the complaint, is that an unfair or deceptive act must “affect the public interest.” On this score, all The Satanic Temple alleges is that Defendants “deceive[d] the public with a deliberate, willful intent to disparage or pass off competitor services as those of T[he Satanic Temple].” This conclusory allegation fails to satisfy the third CPA prong. It fails to allege that “other plaintiffs have been or will be injured in the same fashion.” And the other four public interest facts are equally unaddressed.</blockquote>The first four complaints were dismissed with leave to be amended and brought forth in a revised complaint. However, the defamation allegation was dismissed with prejudice on the grounds that adjudicating it would run afoul of the establishment of church and state. From Jones:<blockquote>The Court agrees with Defendants. The doctrine of ecclesiastical abstention applies. The Court may not resolve the defamation claim without delving into doctrinal matters. To determine whether Defendants’ statements were defamatory, the Court or jury must inevitably determine that the statements were false. That would require the Court or jury to define the beliefs held by The Satanic Temple and to determine that ableism, misogyny, racism, fascism, and transphobia fall outside those beliefs. That the Court cannot do without violating the First Amendment.</blockquote>

=== Motion for Reconsideration ===
On March 21, 2021, TST filed a motion to have the dismissals of the ACPA and defamation claims reconsidered. TST argued that because Facebook allows users to obtain accounts with unique electronic addresses, Facebook should be considered a domain name registration authority within the meaning of the ACPA.

In regards to its defamation claim, TST argued that the court was obligated to accept TST's determination of its own doctrines, and that this dispute could be resolved "on purely secular rules" by the court "treating TST like it would any other organization."

Judge Jones, however, pointed out that "the principle that a court must “accept as a given” a church’s own determination of its doctrine applies where the plaintiff challenges a church tribunal’s application of its own rules—not where the church is the plaintiff suing another party."

This motion for reconsideration was denied on April 12, 2022.

= Amended Complaint =

= District Court =
[https://www.courtlistener.com/docket/17042463/united-federation-of-churches-llc-v-johnson/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc Docket for Federal District Court via CourtListener]

[https://www.courtlistener.com/docket/66805454/united-federation-of-churches-llc-v-david-johnson/ Docket for Court of Appeals via CourtListener]

U.S. District Judge Richard Jones dismissed the original complaint on Feb. 26, 2021, but allowed The Satanic Temple to refile on all but one of the initial claims (defamation).<ref>Order on Motion to Dismiss — [https://www.courtlistener.com/docket/17042463/20/united-federation-of-churches-llc-v-johnson/ Document #20], February 26th, 2021.</ref>

The Plaintiff filed a motion for reconsideration on the defamation claim and cyberpiracy claim dismissal in March 2021, which was denied and the dismissal reaffirmed in April 2022.<ref>Order on Motion for Reconsideration — [https://www.courtlistener.com/docket/17042463/30/united-federation-of-churches-llc-v-johnson/ Document #30], April 12th, 2022</ref> The Plaintiff also amended their complaint twice, first in May 2021 then again in June 2021 after being informed that the Facebook page the Temple was demanding returned had been in TST's possession since May 2020.<ref>Amended Complaint — [https://www.courtlistener.com/docket/17042463/26/united-federation-of-churches-llc-v-johnson/ Document #26], May 24th, 2021</ref><ref>Response to Motion — [https://www.courtlistener.com/docket/17042463/28/united-federation-of-churches-llc-v-johnson/ Document #28], June 28th, 2021</ref> The Defendants made motions to dismiss the case for each of these complaints, and in April 2022, the Judge Jones granted the operative motion in part with leave to amend for several of the dismissed complaints.<ref>~Util - Set/Reset Deadlines/Hearings AND Order on Motion to Dismiss — [https://www.courtlistener.com/docket/17042463/31/united-federation-of-churches-llc-v-johnson/ Document #31], April 15th, 2022</ref>

However, The Satanic Temple did not amend their complaint for this third time by the deadline given, and in May 2022, the defendants made a motion to dismiss the case for lack of federal jurisdiction on the surviving claims.<ref>Dismiss — [https://www.courtlistener.com/docket/17042463/33/united-federation-of-churches-llc-v-johnson/ Document #33], May 14th, 2022</ref> While working on his reply to this motion, TST lead counsel Matt Kezhaya went onto Reddit for an "Ask Me Anything" about his sanctioning in an unrelated case. In that, Kezhaya did address the Johnson case several times, stating in the original version of his post:<ref>r/SatanicTemple_Reddit [https://web.archive.org/web/20220527005507/https:/www.reddit.com/r/SatanicTemple_Reddit/comments/uym4sv/tst_court_update_may_26_2022_this_one_is_by_tsts/ post] "TST Court Update! (May 26, 2022) -- this one is by TST's lawyer", May 26, 2022</ref><blockquote>I will not answer any questions related to the idiots that call themselves “QueerSatanic,” or their idiot-conspiracy theories. My only comment on that topic is:

I can’t believe you morons have spent more than $80,000 fighting to keep TST’s Facebook page. You are pathetic. You have no concept of civil liberties, or what is at stake by the ever-encroaching theocracy. Your lawyer is a gentleman and a scholar. I hope he squeezes every last penny from you living corpses, and anyone that gives you the time of day. </blockquote>Despite acknowledging it would be unwise to talk about an ongoing lawsuit, Kezhaya went on to elaborate on his strategy in the case in response to several people's questions, stating:<ref>r/SatanicTemple_Reddit [https://web.archive.org/web/20220527211543/https:/www.reddit.com/r/SatanicTemple_Re ddit/comments/uym4sv/tst_court_update_may_26_2022_this_one_is_by_tsts/ia7nt39/?cont ext=8&depth=9 o comment], May 26, 2022</ref><blockquote>I wanted some federal statutes to apply because that would maximize TST’s damages, would keep us in Federal court (as opposed to State court), and provided the option to collect attorney’s fees for having to litigate this. </blockquote>And writing in part:<ref>r/SatanicTemple_Reddit [https://www.reddit.com/r/SatanicTemple_Reddit/comments/uym4sv/tst_court_update_may _26_2022_this_one_is_by_tsts/ia76rxj/ o comment], May 26, 2022</ref><blockquote>All three surviving claims are questions of Washington State law, not Federal law. Defendants have moved for dismissal from Federal Court because, they argue, TST cannot show that there is an “amount in controversy” of at least $75,000 (which is required for Federal jurisdiction). I have announced resistance to the motion. I need to come up with a credible justification that it is not-impossible a jury could legally award at least $75,000 in damages.

Since punitive damages are on the table, that really means I really only need to justify $12,500 in out-of-pocket damages. Punitive damages can be up to 6x compensatory damages (out-of-pocket losses). I’ve been mired in Belle Plaine since they filed the motion, so I haven’t yet had an opportunity to evaluate the damages.</blockquote>In June 2022, this material was then included by the Defendants in a response regarding the motion to dismiss for lack of subject matter jurisdiction.<ref>Reply to Response to Motion — [https://www.courtlistener.com/docket/17042463/37/united-federation-of-churches-llc-v-johnson/ Document #37], June 10th, 2022</ref>

While waiting for the judge to rule on the motion to dismiss for lack of federal jurisdiction, on November 23, 2022, The Satanic Temple submitted a motion for a preliminary injunction on another Facebook page: Evergreen Memes for Queer Satanic Fiends.<ref>Preliminary Injunction — [https://www.courtlistener.com/docket/17042463/42/united-federation-of-churches-llc-v-johnson/ Document #42], November 23rd, 2022</ref> This was an unorthodox legal strategy both because it came two and a half years into the case rather than at the beginning as expected of a preliminary injunction and also because TST lead counsel had before filing been informed of and shown evidence that local representatives of The Satanic Temple had relinquished claims over that very social media page, both in writing and publicly in March 14-15, 2020, before the lawsuit ever began.<ref name=":0">Response to Motion — [https://www.courtlistener.com/docket/17042463/43/united-federation-of-churches-llc-v-johnson/ Document #43], December 13, 2022</ref>

TST Washington Media Liaison Paul M. Case ("Tarkus Claypool") sent an email March 14, 2020, with the subject line “Evergreen Memes for Queer Satanic Fiends”, saying:<ref>Declaration — [https://www.courtlistener.com/docket/17042463/44/united-federation-of-churches-llc-v-johnson/ Document #44], December 12th, 2022 (Page 26, email sent Sat, Mar 14, 2020 at 9:09 PM)</ref><blockquote>I saw that you made some changes to the TST WA State Allies FB group. I just wanted to let you know that it’s yours free and clear and we’ve no desire to claim it. You and ADJ built it and have done a great job doing so. I’m confident you’ll both continue doing awesome work.

Sorry the way things panned out, and I do mean all of it. I wish you and your family well, and respect your need to fight the fight your way.

Rock on,

-Tarkus Claypool Media Liaison, The Satanic Temple of Washington (he/him)</blockquote>The next day, in a March 15, 2020 online town hall meeting via Zoom, Media Liaison Case/Tarkus Claypool again publicly reiterated in front of TST-WA members, including TST Chapter Head, Leah Garvais ("Siri Sanguine"), that TST-WA had no interest in claiming the Memes Page:<ref name=":0" /> <blockquote>I do want to say that we’re not going to, you know, ask Lenore to give the page back in any way. I wish them well, and I hope that they continue growing that and make it a great success. Because they’re going to fight their fight, their way. And so, let them do what they want to, and I wish them well, because both Lenore and ADJ [Johnson] did a wonderful job in the roles that they had. It just wasn’t within the TST guidelines that we are beholden to. So I want to give them due credit, and just you know, wish them well with what they’re going to plan to do with it in the future.</blockquote>Despite having access to this information since before the beginning of litigation, and being made aware explicitly in June 2022, The Satanic Temple continued to repeat the assertion in and outside of court that a Facebook comment afterward by a third person, Nathan Sullivan — referencing this change in administrator rights by others in regards to a Facebook page he'd never had access to — was an admission of a crime.<ref>GoFundMe.com, [https://www.gofundme.com/f/the-satanic-temple-theft-amp-defamation-legal-fund The Satanic Temple -Theft & Defamation Legal Fund], July 17, 2020</ref><ref>Exhibit 5 — [https://www.courtlistener.com/docket/17042463/26/5/united-federation-of-churches-llc-v-johnson/ Document #26, Attachment #5], May 24th, 2021. (Facebook post and comments from March 15, 2020)

Nathan Sullivan:

''we have a meme page here that we stole from TST:''

''Evergreen Memes for Queer Satanic Fiends''

''and a small group of regional satanists that we're using as a sort of safe space and social club. I imagine i'll be setting up another Discord for us too''

An uninvolved person asks:

''But the question is, will you found an actual organization''

''The Satanic Temple 2: Electric Boogaloo?''

''The Satanic Temple 2: The Second One?''

''S2: The Mighty Satanists?''

Nathan Sullivan replies:

''Satanism Reloaded actually''

</ref><ref>Declaration — [https://www.courtlistener.com/docket/17042463/46/united-federation-of-churches-llc-v-johnson/ Document #46], December 12th, 2022 (Page 19-20)</ref>

On Jan. 6, 2023, Judge Jones granted the motion to dismiss the case for lack of federal jurisdiction, denying the Plaintiff's motion for a preliminary injunction at the same time.<ref>Order on Motion for Preliminary Injunction AND Order on Motion to Dismiss — [https://www.courtlistener.com/docket/17042463/48/united-federation-of-churches-llc-v-johnson/ Document #48], January 6th, 2023</ref>

On Jan. 24, 2023, The Satanic Temple notified the court they intended to appeal their federal district court loss to the Ninth Circuit and subsequently stated they planned to re-file their remaining claims in Washington State court as well.<ref>Court of Appeals for the Ninth Circuit [https://www.courtlistener.com/docket/66805454/2/united-federation-of-churches-llc-v-david-johnson/ Document #2], February 1st, 2023

''Currently there are no proceedings remaining below, nor are there currently any related proceedings in other tribunals on this matter. To preclude any statute of limitations issues, Plaintiff intends to refile the State claims which survived 12(b)(6) scrutiny and stay the case pending the outcome of this appeal; however, that has not happened yet.''</ref>

= Ninth Circuit Court of Appeals =
[https://www.courtlistener.com/docket/66805454/united-federation-of-churches-llc-v-david-johnson/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc Docket for Court of Appeals for the Ninth Circuit via CourtListener]

[Under construction]

=References=
<references />
[[Category:Lawsuits]]

United Federation of Churches LLC v. Johnson et al

2023-02-20T01:19:34Z

Loukanikos: WIP Revision - inclusion of original complaint + dismissal + motion for reconsideration

{{Lawsuits

| title={{PAGENAME}}

| image=

| caption=

| filedate=4/3/2020

| jurisdiction=US District Court for the Western District of Washington

| plaintiff=United Federation of Churches LLC

| defendant=David Alan Johnson, Nathan Sullivan, Leah Fishbaugh, Mickey Joshua Powell (formerly Mickey Meehan)

| intervenor=N/A

| state=Washington

| case=2:20-cv-00509

| result=Dismissed

| appeal1=Ongoing
| appeal2=N/A
| appeal3=N/A
| finalresult=N/A
}}
'''United Federation of Churches LLC v. Johnson et al''' is an ongoing federal court case filed April 3, 2020, by the for-profit corporation [[United Federation of Churches LLC]] d/b/a "The Satanic Temple," against four former members of the religion [[The Satanic Temple]] who had previously been members of the religion's local chapter based in Seattle, WA.<ref>[https://www.gofundme.com/f/legal-fund-for-victims-of-satanic-temple1 GoFundMe.com], ''Legal Fund for Victims of Satanic Temple''</ref>

The defendants have characterized the case as an example of a SLAPP or "Strategic Lawsuit Against Public Participation", an opinion shared by other legal analysts who have reviewed the suit and observers who have seen the Temple's subsequent legal action and threats against other critics.<ref>[https://www.newsweek.com/orgies-harassment-fraud-satanic-temple-rocked-accusations-lawsuit-1644042, Newsweek.com], "Orgies, Harassment, Fraud: Satanic Temple Rocked by Accusations, Lawsuit"

''The defendants say the case has devolved to a meritless S.L.A.P.P. (Strategic Lawsuit Against Public Participation) lawsuit as a way to bankrupt them for speaking out.'' </ref><ref>Social Actuality, "[https://www.socialactuality.com/post/schism-the-satanic-temple-a-lawsuit-and-the-necessity-of-clear-minded-settlement Schism – The Satanic Temple, a Lawsuit, and the Necessity of Clear Minded Settlement]", Jan. 18, 2022 (last updated April 20, 2022)

''While I may question the wisdom of some of the defendant’s actions, I also question TST’s bringing of plainly frivolous claims (for which the public also suffers harm, as even frivolous claims require precious court resources to litigate) and their general litigation tactics. For example, why weren’t the Dilution and Trespass to Chattels/Conversion claims pleaded in the initial complaint? It seems clear to me that nothing was preventing those claims from being pleaded at that time, so why wait? It creates the impression that TST is not legitimately seeking remedies for any harm caused, but is instead employing litigation in a “process as punishment” tactic to sap the defendants resources and induce what I’m sure is a significant amount of stress into their day-to-day lives. By dragging the defendants through the civil court system, TST may simply be attempting to get back at the defendants in a tit-for-tat conflict which has now spanned the course of 21 months and counting.''</ref><ref>Mike Dunford (@questauthority), [https://twitter.com/questauthority/status/1519149076251615232 Twitter.com], April 26, 2022

''I read The Satanic Temple’s complaint on stream tonight. It’s been a while since I was so irate about a case. The complaint itself is SLAPPy as hell; the claims are embarrassingly weak.''

''And, in my view, uses litigation to dox and harass former members.''

''And, to be clear, it’s not even harassing and doxing former members who are parties to the suit; it’s doxing and harassing former members who were sources in the article it’s suing over.''

''This is a bad lawsuit. The lawyers who filed it are bad for filing it. And they should feel bad about themselves.''

''I read the Newsweek article that TST is suing over. That made me think that they were an organization having a commonplace internal splat.''

''Their complaint in the suit made me think that their leaders are vindictive little turdbuckets who should be ostracized from polite society.''</ref> The Satanic Temple and its supporters dispute this characterization, considering it defamation they are willing to sue over, which they have followed through on at least twice.<ref>[[The Satanic Temple, Inc. v. Newsweek Magazine LLC]], [https://www.courtlistener.com/docket/63011247/1/the-satanic-temple-inc-v-newsweek-magazine-llc/ Complaint], Feb. 16, 2022

''45. The article states: “Meanwhile some members wondered why an organization like TST would go after four Seattleites with very modest means while it had bigger fish to fry elsewhere.” Exhibit 1 at 13. Together with the rest of the article, this statement implies that TST’s lawsuit against the Johnson defendants is rooted in a greater policy to harass dissenters, to the exclusion of being rooted in a fiduciary obligation to safeguard TST’s property. This statement and its implications are false and defamatory as follows.''

''46. It is false to assert that TST harasses dissenters, either as a general policy or specific to the Johnson defendants. The Johnson lawsuit would never have happened if they had simply returned TST’s property upon demand.''

''47. The assertion is also defamatory. It urges the public to refrain from associating with TST for fear that they will be the next target of harassment and to refrain from donating to TST for fear that the funds will be wasted on a frivolous lawsuit.''</ref><ref>[[Satanic Temple, Inc v. Jessica Snow]], [https://the.satanic.wiki/images/7/78/D-1-GN-22-006797_-_Plaintiff%27s_Original_Petition_w_Ex_76AC6EC7_-_2022-11-23.pdf Complaint], filed Nov. 23, 2022

''11. Similarly, Defendant Snow stated that TST “is suing former members to make them be quiet about the stuff they experienced while in the Temple.” In fact, TST sued some former members because they stole property from TST and – using that stolen property – channeled provably false and harmful statements to TST’s members to divert funds from those members to a new competitor organization. This is defamatory because it inaccurately paints TST as an abusive organization and tends to diminish the public trust in TST as a religious organization''</ref>

On January 9, 2023, the judge granted a final motion to dismiss in accordance with FRCP 12(b)(1) (lack of subject matter jurisdiction).

On January 24, 2023, The Satanic Temple filed a notice of appeal of this judgment.

= Background =
[in progress]

= Original Complaint =
In its original filing, The Satanic Temple levied five complaints against the defendants, alleging two violations under federal law and three under Washington State law:

* [https://www.law.cornell.edu/uscode/text/18/1030 Computer Fraud and Abuse Act] (CFAA)
* Cyberpiracy per [https://www.law.cornell.edu/uscode/text/15/1125 USC 1125(d)]
* Tortious interference with business expectancy
* Violation of Washington's [https://apps.leg.wa.gov/rcw/default.aspx?cite=19.86 Consumer Protection Act]
* Defamation

CFAA:

* TST claimed that the defendants were previously authorized administrators of the Washington Chapter's social media, and that the contours of this authorization were detailed by a "Membership Agreement and Code of Conduct" which was allegedly signed by all four defendants. Defendant Sullivan allegedly possesses the sole copy of these signed agreements. TST claimed liability under the CFAA due to Johnson's alleged removal of all other administrators over the Chapter page, Powell's alleged removal of all administrators besides the Defendants over the Allies page, and Fishbaugh's alleged changing of the password and recovery email and phone number over the Chapter's Google-based email account. All of these actions allegedly "exceeded authorization" granted under the Code of Conduct.
Cyberpiracy:

* At the time of Johnson's alleged posting of the "manifesto" on the Chapter page, the page itself was findable under the URL "facebook.com/TheSatanicTempleWashington." TST claimed that because it has the exclusive rights to the name "The Satanic Temple," this was actionable cyberpiracy under [https://www.law.cornell.edu/uscode/text/15/1125 USC 1125(d)].

Tortious interference with business expectancy:

* TST claimed that the defendants intentionally severed the business relationship between TST and Facebook by misappropriating the Facebook pages, with the alleged purposes of harming the Washington Chapter and forming a competitor organization.

Violation of Washington's CPA:

* TST claimed that the Chapter and Allies page utilized trademarks registered by TST, and that its intellectual property included "trade secret materials including membership listings, membership agreements, internal policies and procedures, other governance materials, and access to a hard-won social media following." TST claimed that the alleged utilization of this intellectual property to create a competitor organization constituted "unfair or deceptive acts or practices in the conduct of any trade or commerce" per RCW 19.86.

Defamation:

* TST claimed that Defendants falsely ascribed "extremist ideologies and affiliations" to TST, by way of Johnson's manifesto allegedly accusing TST leadership of being "cozy with the alt-right, [and being] white supremacists," as well as by way of Johnson utilizing the Chapter page to post commentary and links "with the general and false theme that TST leaders are incompetent fascists."
* Curiously, TST also accuses Johnson of tying TST to extremism by way of following a number of unspecified "extremist" groups on the Chapter's Twitter account, and by changing its profile description to “Satan stands as the ultimate icon for selfless revolt. We oppose irrational, unjust hierarchies like white supremacy, patriarchy, ableism, & cishet normality.”

=== Dismissal ===
All complaints were dismissed on February 26, 2021. From Judge Jones' [https://www.courtlistener.com/docket/17042463/20/united-federation-of-churches-llc-v-johnson/ ruling]:

CFAA:<blockquote>According to The Satanic Temple, Defendant Johnson’s and Defendant Meeham’s actions on Facebook—posting links and commentary, posting a manifesto, and removing previously-approved administrators except Defendants—violated the Code of Conduct and therefore exceeded the authority granted to them. This circuit has already considered and rejected that argument. Violating a company’s terms of use (here, the Code of Conduct) is insufficient to state a CFAA claim....The Satanic Temple does not claim that it prohibited Defendants from accessing its Facebook accounts altogether, yet they accessed it anyway. Nor does it claim that it restricted Defendants’ access to certain features of those accounts, yet Defendants wandered where they were not allowed. Instead, it claims that it restricted Defendants’ use of those accounts through its Code of Conduct, which Defendants violated, an argument squarely rejected in ''Nosal''. At most, The Satanic Temple alleges that Defendants have misappropriated the authority granted to them. But the CFAA is an “anti-hacking statute,” not a “misappropriation statute.” Defendants may have very well abused their authority, but The Satanic Temple has not alleged that they exceeded it.</blockquote>Cyberpiracy:<blockquote>This claim fails for one reason. The “domain in question” is not in fact “facebook.com/TheSatanicTempleWashington.” The “domain name” is “facebook.com.” And The Satanic Temple does not claim to own it. Its trademark lies in the post-domain path, which does not constitute a “domain name” under the ACPA. As explained above, the statute defines the term “domain name,” and the case law provides further clarification. The Satanic Temple’s claim fails under both. In reverse order, cases in this circuit explain that there are two parts to a domain name, a top-level and a second-level. Post-domain paths are not included in that combination. Here, the top-level is “.com,” and the second-level is “facebook.” The Satanic Temple’s trademark is contained in neither.</blockquote>Tortious interference:<blockquote>As to these elements, The Satanic Temple’s allegations fall short. It does not allege that Defendants knew about the Facebook pages’ pecuniary value or knew that there was some business arrangement between Facebook and The Satanic Temple. At best, it alleges that “Defendants had subjective knowledge of the business relationship.” This conclusory recitation of the second element is insufficient to state a claim. Likewise, The Satanic Temple does not allege that the interference was wrongful beyond the interference itself—no alleged violation of a statute, regulation, common law rule, or professional standard.</blockquote>Washington's Consumer Protection Act:<blockquote>The parties argue only a few of the CPA elements. Defendants say that The Satanic Temple has failed to allege that the unfair or deceptive acts here occurred “in trade or commerce,” given that neither party sells assets or services. The Satanic Temple, on the other hand, argues that “[c]ommerce is implicated by the stolen Facebook pages because they have an economic value” to The Satanic Temple. The Court need not settle that dispute. To state a CPA claim, The Satanic Temple must allege all five elements. One element, unaddressed by either the parties’ briefing or the complaint, is that an unfair or deceptive act must “affect the public interest.” On this score, all The Satanic Temple alleges is that Defendants “deceive[d] the public with a deliberate, willful intent to disparage or pass off competitor services as those of T[he Satanic Temple].” This conclusory allegation fails to satisfy the third CPA prong. It fails to allege that “other plaintiffs have been or will be injured in the same fashion.” And the other four public interest facts are equally unaddressed.</blockquote>The first four complaints were dismissed with leave to be amended and brought forth in a revised complaint. However, the defamation allegation was dismissed with prejudice on the grounds that adjudicating it would run afoul of the establishment of church and state. From Jones:<blockquote>The Court agrees with Defendants. The doctrine of ecclesiastical abstention applies. The Court may not resolve the defamation claim without delving into doctrinal matters. To determine whether Defendants’ statements were defamatory, the Court or jury must inevitably determine that the statements were false. That would require the Court or jury to define the beliefs held by The Satanic Temple and to determine that ableism, misogyny, racism, fascism, and transphobia fall outside those beliefs. That the Court cannot do without violating the First Amendment.</blockquote>

=== Motion for Reconsideration ===
On March 21, 2021, TST filed a motion to have the dismissals of the ACPA and defamation claims reconsidered. TST argued that because Facebook allows users to obtain accounts with unique electronic addresses, Facebook should be considered a domain name registration authority within the meaning of the ACPA.

In regards to its defamation claim, TST argued that the court was obligated to accept TST's determination of its own doctrines, and that this dispute could be resolved "on purely secular rules" by the court "treating TST like it would any other organization."

Judge Jones, however, pointed out that "the principle that a court must “accept as a given” a church’s own determination of its doctrine applies where the plaintiff challenges a church tribunal’s application of its own rules—not where the church is the plaintiff suing another party."

This motion for reconsideration was denied on April 12, 2021.

= District Court =
[https://www.courtlistener.com/docket/17042463/united-federation-of-churches-llc-v-johnson/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc Docket for Federal District Court via CourtListener]

[https://www.courtlistener.com/docket/66805454/united-federation-of-churches-llc-v-david-johnson/ Docket for Court of Appeals via CourtListener]

U.S. District Judge Richard Jones dismissed the original complaint on Feb. 26, 2021, but allowed The Satanic Temple to refile on all but one of the initial claims (defamation).<ref>Order on Motion to Dismiss — [https://www.courtlistener.com/docket/17042463/20/united-federation-of-churches-llc-v-johnson/ Document #20], February 26th, 2021.</ref>

The Plaintiff filed a motion for reconsideration on the defamation claim and cyberpiracy claim dismissal in March 2021, which was denied and the dismissal reaffirmed in April 2022.<ref>Order on Motion for Reconsideration — [https://www.courtlistener.com/docket/17042463/30/united-federation-of-churches-llc-v-johnson/ Document #30], April 12th, 2022</ref> The Plaintiff also amended their complaint twice, first in May 2021 then again in June 2021 after being informed that the Facebook page the Temple was demanding returned had been in TST's possession since May 2020.<ref>Amended Complaint — [https://www.courtlistener.com/docket/17042463/26/united-federation-of-churches-llc-v-johnson/ Document #26], May 24th, 2021</ref><ref>Response to Motion — [https://www.courtlistener.com/docket/17042463/28/united-federation-of-churches-llc-v-johnson/ Document #28], June 28th, 2021</ref> The Defendants made motions to dismiss the case for each of these complaints, and in April 2022, the Judge Jones granted the operative motion in part with leave to amend for several of the dismissed complaints.<ref>~Util - Set/Reset Deadlines/Hearings AND Order on Motion to Dismiss — [https://www.courtlistener.com/docket/17042463/31/united-federation-of-churches-llc-v-johnson/ Document #31], April 15th, 2022</ref>

However, The Satanic Temple did not amend their complaint for this third time by the deadline given, and in May 2022, the defendants made a motion to dismiss the case for lack of federal jurisdiction on the surviving claims.<ref>Dismiss — [https://www.courtlistener.com/docket/17042463/33/united-federation-of-churches-llc-v-johnson/ Document #33], May 14th, 2022</ref> While working on his reply to this motion, TST lead counsel Matt Kezhaya went onto Reddit for an "Ask Me Anything" about his sanctioning in an unrelated case. In that, Kezhaya did address the Johnson case several times, stating in the original version of his post:<ref>r/SatanicTemple_Reddit [https://web.archive.org/web/20220527005507/https:/www.reddit.com/r/SatanicTemple_Reddit/comments/uym4sv/tst_court_update_may_26_2022_this_one_is_by_tsts/ post] "TST Court Update! (May 26, 2022) -- this one is by TST's lawyer", May 26, 2022</ref><blockquote>I will not answer any questions related to the idiots that call themselves “QueerSatanic,” or their idiot-conspiracy theories. My only comment on that topic is:

I can’t believe you morons have spent more than $80,000 fighting to keep TST’s Facebook page. You are pathetic. You have no concept of civil liberties, or what is at stake by the ever-encroaching theocracy. Your lawyer is a gentleman and a scholar. I hope he squeezes every last penny from you living corpses, and anyone that gives you the time of day. </blockquote>Despite acknowledging it would be unwise to talk about an ongoing lawsuit, Kezhaya went on to elaborate on his strategy in the case in response to several people's questions, stating:<ref>r/SatanicTemple_Reddit [https://web.archive.org/web/20220527211543/https:/www.reddit.com/r/SatanicTemple_Re ddit/comments/uym4sv/tst_court_update_may_26_2022_this_one_is_by_tsts/ia7nt39/?cont ext=8&depth=9 o comment], May 26, 2022</ref><blockquote>I wanted some federal statutes to apply because that would maximize TST’s damages, would keep us in Federal court (as opposed to State court), and provided the option to collect attorney’s fees for having to litigate this. </blockquote>And writing in part:<ref>r/SatanicTemple_Reddit [https://www.reddit.com/r/SatanicTemple_Reddit/comments/uym4sv/tst_court_update_may _26_2022_this_one_is_by_tsts/ia76rxj/ o comment], May 26, 2022</ref><blockquote>All three surviving claims are questions of Washington State law, not Federal law. Defendants have moved for dismissal from Federal Court because, they argue, TST cannot show that there is an “amount in controversy” of at least $75,000 (which is required for Federal jurisdiction). I have announced resistance to the motion. I need to come up with a credible justification that it is not-impossible a jury could legally award at least $75,000 in damages.

Since punitive damages are on the table, that really means I really only need to justify $12,500 in out-of-pocket damages. Punitive damages can be up to 6x compensatory damages (out-of-pocket losses). I’ve been mired in Belle Plaine since they filed the motion, so I haven’t yet had an opportunity to evaluate the damages.</blockquote>In June 2022, this material was then included by the Defendants in a response regarding the motion to dismiss for lack of subject matter jurisdiction.<ref>Reply to Response to Motion — [https://www.courtlistener.com/docket/17042463/37/united-federation-of-churches-llc-v-johnson/ Document #37], June 10th, 2022</ref>

While waiting for the judge to rule on the motion to dismiss for lack of federal jurisdiction, on November 23, 2022, The Satanic Temple submitted a motion for a preliminary injunction on another Facebook page: Evergreen Memes for Queer Satanic Fiends.<ref>Preliminary Injunction — [https://www.courtlistener.com/docket/17042463/42/united-federation-of-churches-llc-v-johnson/ Document #42], November 23rd, 2022</ref> This was an unorthodox legal strategy both because it came two and a half years into the case rather than at the beginning as expected of a preliminary injunction and also because TST lead counsel had before filing been informed of and shown evidence that local representatives of The Satanic Temple had relinquished claims over that very social media page, both in writing and publicly in March 14-15, 2020, before the lawsuit ever began.<ref name=":0">Response to Motion — [https://www.courtlistener.com/docket/17042463/43/united-federation-of-churches-llc-v-johnson/ Document #43], December 13, 2022</ref>

TST Washington Media Liaison Paul M. Case ("Tarkus Claypool") sent an email March 14, 2020, with the subject line “Evergreen Memes for Queer Satanic Fiends”, saying:<ref>Declaration — [https://www.courtlistener.com/docket/17042463/44/united-federation-of-churches-llc-v-johnson/ Document #44], December 12th, 2022 (Page 26, email sent Sat, Mar 14, 2020 at 9:09 PM)</ref><blockquote>I saw that you made some changes to the TST WA State Allies FB group. I just wanted to let you know that it’s yours free and clear and we’ve no desire to claim it. You and ADJ built it and have done a great job doing so. I’m confident you’ll both continue doing awesome work.

Sorry the way things panned out, and I do mean all of it. I wish you and your family well, and respect your need to fight the fight your way.

Rock on,

-Tarkus Claypool Media Liaison, The Satanic Temple of Washington (he/him)</blockquote>The next day, in a March 15, 2020 online town hall meeting via Zoom, Media Liaison Case/Tarkus Claypool again publicly reiterated in front of TST-WA members, including TST Chapter Head, Leah Garvais ("Siri Sanguine"), that TST-WA had no interest in claiming the Memes Page:<ref name=":0" /> <blockquote>I do want to say that we’re not going to, you know, ask Lenore to give the page back in any way. I wish them well, and I hope that they continue growing that and make it a great success. Because they’re going to fight their fight, their way. And so, let them do what they want to, and I wish them well, because both Lenore and ADJ [Johnson] did a wonderful job in the roles that they had. It just wasn’t within the TST guidelines that we are beholden to. So I want to give them due credit, and just you know, wish them well with what they’re going to plan to do with it in the future.</blockquote>Despite having access to this information since before the beginning of litigation, and being made aware explicitly in June 2022, The Satanic Temple continued to repeat the assertion in and outside of court that a Facebook comment afterward by a third person, Nathan Sullivan — referencing this change in administrator rights by others in regards to a Facebook page he'd never had access to — was an admission of a crime.<ref>GoFundMe.com, [https://www.gofundme.com/f/the-satanic-temple-theft-amp-defamation-legal-fund The Satanic Temple -Theft & Defamation Legal Fund], July 17, 2020</ref><ref>Exhibit 5 — [https://www.courtlistener.com/docket/17042463/26/5/united-federation-of-churches-llc-v-johnson/ Document #26, Attachment #5], May 24th, 2021. (Facebook post and comments from March 15, 2020)

Nathan Sullivan:

''we have a meme page here that we stole from TST:''

''Evergreen Memes for Queer Satanic Fiends''

''and a small group of regional satanists that we're using as a sort of safe space and social club. I imagine i'll be setting up another Discord for us too''

An uninvolved person asks:

''But the question is, will you found an actual organization''

''The Satanic Temple 2: Electric Boogaloo?''

''The Satanic Temple 2: The Second One?''

''S2: The Mighty Satanists?''

Nathan Sullivan replies:

''Satanism Reloaded actually''

</ref><ref>Declaration — [https://www.courtlistener.com/docket/17042463/46/united-federation-of-churches-llc-v-johnson/ Document #46], December 12th, 2022 (Page 19-20)</ref>

On Jan. 6, 2023, Judge Jones granted the motion to dismiss the case for lack of federal jurisdiction, denying the Plaintiff's motion for a preliminary injunction at the same time.<ref>Order on Motion for Preliminary Injunction AND Order on Motion to Dismiss — [https://www.courtlistener.com/docket/17042463/48/united-federation-of-churches-llc-v-johnson/ Document #48], January 6th, 2023</ref>

On Jan. 24, 2023, The Satanic Temple notified the court they intended to appeal their federal district court loss to the Ninth Circuit and subsequently stated they planned to re-file their remaining claims in Washington State court as well.<ref>Court of Appeals for the Ninth Circuit [https://www.courtlistener.com/docket/66805454/2/united-federation-of-churches-llc-v-david-johnson/ Document #2], February 1st, 2023

''Currently there are no proceedings remaining below, nor are there currently any related proceedings in other tribunals on this matter. To preclude any statute of limitations issues, Plaintiff intends to refile the State claims which survived 12(b)(6) scrutiny and stay the case pending the outcome of this appeal; however, that has not happened yet.''</ref>

= Ninth Circuit Court of Appeals =
[https://www.courtlistener.com/docket/66805454/united-federation-of-churches-llc-v-david-johnson/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc Docket for Court of Appeals for the Ninth Circuit via CourtListener]

[Under construction]

=References=
<references />
[[Category:Lawsuits]]

United Federation of Churches LLC v. Johnson et al

2023-02-19T23:57:18Z

Loukanikos: