Site Critical of NXIVM Can Remain Online

As reported earlier on this site, NXIVM Corp., also known as Executive Success Programs, sued the owner of a website because NXIVM was called a "cult". Now it appears as though that suit won't go very far because a federal judge has ruled that the website can remain up.

The Times Union reports:

U.S. District Judge Thomas J. McAvoy denied multiple requests from NXIVM (pronounced NEX-ee-um) to have critical opinions of the group removed from the Web site of The Ross Institute, which tracks information about alleged cults, controversial groups and movements. He cited NXIVM's failure to demonstrate a strong case and said irreparable damage to the company was not proven. "Today is a very good day for the First Amendment and freedom of expression on the Internet," said Rick Ross, the Web site's owner.

ESP was founded by Keith Raniere and Nancy Salzman, both of Clifton Park. The group claims more than 3,700 students in the United States and Mexico and is making a push into Europe. Enrollees wear special scarves denoting their rank within the school, must bow to Raniere, known as Vanguard, and Salzman, called Prefect. Sixteen consecutive 10-hour classes cost $7,500, Franco said. Students are encouraged and rewarded to find new members, Franco said.

Any statements made about NXIVM which are factual in nature, but actually untrue, really should be removed; however, statements which qualify as opinion should not be forced down by the government, even if untrue. Even if NXIVM isn't a "cult" that uses "mind control," those are arguably judgments arrived at after reading the group's internal documents. As such, it isn't appropriate for the government to tell a private citizen not to express those opinions.

Read More:

• Recent Books on Free Speech
• Court Decisions on Free Speech and Censorship