The cancellation of Fair Game
Jon Atack

While it is true that most Scientologists are probably unaware of the Fair Game Law, that does not prove that a core group within the cult is not practising Fair Game. When I was a member, I had no knowledge that the Guardian's Office under Hubbard's direction was committing kidnapping, false imprisonment, burglary and criminal campaigns to destroy Hubbard's critics. That I didn't know about it does not mean that it wasn't happening. Recently, the Greek authorities have found that a member of the Office of Special Affairs (OSA) was issued a written 'Commendation' in 1993 for obtaining a document from the Greek Intelligence Service.

How many Scientologists know that they are supporting a group which houses an intelligence agency that has proved willing to subvert government agencies? How responsible will the membership be in exposing and making amends for such practices? We still await even an apology from current leadership for the years 1966-1982, through which time David Miscavige has admitted, in a sworn declaration (February 1994 in the Fishman case) Scientology was run by criminals. My guess is that there will just be frenetic outpourings about how dreadful Greece is - attack the source rather than answer the question - just as the cult has done in Germany. But before the cult attacks the past governments of Greece, remember that Hubbard called the fascist military Junta of 1968 'brilliant'. Far more recent than Nazi control of Germany.

There is no doubt that Fair Game is a current scripture. The Guardian's Office admitted that it had continued the practice until July 1980, when the actual cancellation (which contains a devious misdefinition of Fair Game) was finally published. That Policy Letter was itself cancelled on 8 September 1983. Therefore, like it or not, Fair Game certainly existed until 1980 (the 1968 'cancellation' was followed by harassment orders against many, many people, some emanating from Hubbard himself), was technically withdrawn for three years and was then reintroduced. Don't take my word for it; but don't take anyone else's word for it either! Find the issues and look at them. You will probably find that the CofS is reluctant to show you its published 1968 Basic Staff Hat which includes both the supposedly 'cancelled' infamous 1 March 1965 Ethics, Suppressive Acts (supposedly cancelled on 7 March 1965) and the 18 October 1967 Penalties for Lower Conditions. Finally, if you really want to get a balanced view, read my paper Scientology: Religion or Intelligence Agency and study the documents listed in the footnotes. See if OSA will help by providing them. Ask what the Office of Special Affaris Investigation department is (OSA Invest), and ask for an explanation of Guardian's Office Branch One. You could also ask why so many former members of that Branch are still involved with the cult. And remember, Scientology is meant to raise your affinity level - hate is pretty 'low tone'. Ignoring information is also pretty low tone.

Jon Atack,
March 1996

Extract from Jon Atack's General Report on Scientology, with regard to the 'scriptural status' of Fair Game:

Retribution against litigants, critics, competitors and former members

68. The Hubbard "Policy Letter" "Suppressive Acts, Suppression of Scientology and Scientologists" (JCA-115), shows how easy it is to commit "High Crimes" or "Suppressive Acts". These include "Public disavowal of Scientology", "Public statements against Scientology", "Bringing civil suit against any Scientology organization", "Demanding the return of any or all fees", "Continued adherence to a person or group pronounced a suppressive person or group", "publicly departing Scientology" and "Violation or neglect of any of the ten points of Keeping Scientology Working" (in particular "Knowing it [Scientology "technology"] is correct", "Applying the technology", "Hammering out of existence incorrect technology"). Strictly speaking, anyone who does not know that Scientology's "technology" is correct is deemed a "Suppressive Person".

69. It is made clear in Scientology's published policy that a person expelled from Scientology is "Fair Game" (JCA-139). A "Suppressive Person declare" is Scientology's equivalent of the Shia Muslim "fatwa".

70. In "Justice, Suppressive Acts, Suppression of Scientology and Scientologists, the Fair Game Law", Hubbard asserted "By FAIR GAME is meant, without rights for self, possessions or position, and no Scientologist may be brought before a Committee of Evidence or punished for any action taken against a Suppressive Person or Group during the period that person or group is 'fair game'." (JCA-140) In this Policy Letter, we learn that "Suppressive Acts include ... 1st degree murder, arson, disintegration of persons or belongings not guilty of suppressive acts". Scientologists are thereby given leave to destroy the person and property of a "Suppressive Person".

71. Elsewhere, Hubbard carefully explained the provisions of Fair Game: A Suppressive Person "May be deprived of property or injured by any means by any Scientologist without any discipline of the Scientologist. May be tricked, sued or lied to or destroyed." (JCA-141).

72. In 1968, Hubbard ordered that the words "Fair Game" "may not appear on any Ethics Order. It causes bad public relations." However, the practice of Fair Game was not cancelled "This ... does not cancel any policy on the treatment or handling of an SP [Suppressive Person]." (JCA-142).

73. A training checksheet used as evidence in the conviction of eleven Scientology officials in the US (including Hubbard's wife and immediate deputy), shows that the 1 March 1965 "Policy Letter" (JCA-140) still formed part of a secret course for Scientology harassment operatives (members of "Branch One" of the "Guardian's Office" of Scientology) (JCA-143, p.18, second item).

74. When the nominal head of Scientology's "Guardian's Office", Jane Kember, and the head of Scientology Intelligence, Morris Budlong, were sentenced to imprisonment in the United States, in 1980, the sentencing memorandum included this statement: "Defendants, through one of their attorneys, have stated that the fair game policy continued in effect well after the indictment in this case and the conviction of the first nine co-defendants. Defendants claim that the policy was abrogated by the Church's Board of Directors in late July or early August, 1980." (JCA-144, footnote p.16).

75. The "Policy Letter" which allegedly cancelled "fair game" in 1980 (JCA-139), was itself cancelled by a Policy Letter of 8 September 1983 (JCA-145). As such, Fair Game is an incontrovertible "scripture" of the Churches of Scientology (JCA-46, JCA-47, JCA-48), even though the words "fair game" are no longer used to describe the practice (JCA-142).

76. Mr. Justice Latey ruled in the High Court in London, in July 1984, that "Deprival of property, injury by any means, trickery, suing, lying or destruction have been pursued throughout and to this day with the fullest possible vigour ... The 'Church' resorts to lies and deceit whenever it thinks it will profit it to do so." (JCA-146).

77. In Wollersheim v. Church of Scientology of California (the "mother church" of the Churches of Scientology at the time the suit was filed), the California Appeal Court ruled, in a decision upheld by the US Supreme Court: "Wollersheim was compelled to abandon his wife and his family through the policy of disconnect. When his mental illness reached such a level he actively planned his suicide, he was forbidden to seek professional help. Finally, when Wollersheim was able to leave the Church, it subjected him to financial ruin through its policy of 'fair game'." (JCA-147, pp.A-7, 15 & 16). At appeal, Scientology asserted that "fair game" was a "core practice of Scientology", and therefore protected as "religious expression". This position was also made on behalf of Scientology in the case against Gerald Armstrong, in 1984, by religious expert Dr. Frank Flinn (JCA-45).

78. In the same case (Church of Scientology of California v. Armstrong) (JCA-7), Judge Paul Breckenridge criticised the continued use of Fair Game, showing that the policy had remained in force beyond the supposed cancellation in 1980. Judge Breckenridge said: "In addition to violating and abusing its own members' civil rights, the [Scientology] organization over the years with its 'Fair Game' doctrine has harassed and abused those persons not in the Church whom it perceives as its enemies." Judge Breckenridge added, "After the within suit was filed ... Defendant Armstrong was the subject of harassment, including being followed and surveilled by individuals who admitted employment by Plaintiff; being assaulted by one of these individuals; being struck bodily by a car driven by one of these individuals; having two attempts made by said individuals apparently to involve Defendant Armstrong in a freeway automobile accident; having said individuals come onto Defendant Armstrong's property, spy in his windows, create disturbances, and upset his neighbors".

79. Fair Game has long been a policy of Scientology. In 1955 Hubbard wrote, speaking of practitioners of Scientology not licensed by him: "The law can be used very easily to harass ... if possible, of course, ruin him utterly" (JCA-27, p.157). Hubbard also wrote, "If attacked on some vulnerable point by anyone or anything or any organization, always find or manufacture enough threat against them to cause them to sue for peace." (JCA-148).

80. In 1965, Hubbard wrote in Scientology's "Auditor" magazine: "Principals of the Victorian government such as the 'Prime Minister', Anderson the 'Q.C.' and hostile members of the 'Victorian Parliament' are continued as suppressive persons and they and their families and connections may not be processed or trained and are fair game." (JCA-149).

81. Current Scientology "scriptures" attribute only negative qualities to "Suppressive Persons" (JCA-150). Between 1983 and 1992, the number of people ajudged "Suppressive Persons" by Scientology increased from 600 (JCA-1) to 2,400 (JCA-151). According to Scientology leader David Miscavige, the next section of Hubbard's supposed psychotherapy - Operating Thetan Course Section 9 - will not be released until "ethics is fully gotten in on the SPs [Suppressive Persons]" (JCA-152). This means that all critics of Scientology must be silenced. In light of the "scripture" of "Fair Game", the interpretation of this order to all Scientologists can only be alarming.

82. The lengths to which Scientologists will go to harass opponents are shown by a Hubbard lecture, still distributed within Scientology, where Hubbard boasted of the creation of his intelligence agency the "Guardian's Office", and its infiltration of newspapers, international banks and even the British government: "With all of this action being taken against us in the last 17 years ... it was vitally necessary that I isolate who it was on this planet who was attacking us ... The Organization, under the direction of Mary Sue [Hubbard], ... employed several professional intelligence agents who had long and successful professional backgrounds and they looked into this matter for us and the results of their activities - although still in progress - have told us all we needed to know with regard to any enemy we had on this planet. Our enemies on this planet are less than 12 men. They are members of the Bank of England, and other higher financial circles. They own and control newspaper chains and they are oddly enough directors in all the Mental Health groups in the world ... Wilson ... the current premier of England [sic] is totally involved with these fellows ... They have collected rather interesting files on us ... and their orders concerning what to do about this as part of their files all makes very interesting reading. We of course have full copies of their files. It was, of course, their bad luck to tangle with someone who had been trained in the field of intelligence by the allied governments, which is myself and they had insufficient security and insufficient loyalty amongst their own people to keep out the intelligence agents which we sent against them." (JCA-153).

83. Ten years after Hubbard initiated the practice of infiltration and theft, Churches of Scientology in the US were raided. This led to the conviction and imprisonment of eleven Scientology officials (JCA-154). Almost forty others were cited as "unindicted co-conspirators", including Hubbard (JCA-155). Similar events led to convictions in Canada in 1992.

84. The sentencing memorandum in USA v. Mary Sue Hubbard et al makes clear the scale of the offences committed by Hubbard's agents: "The United States initiated the investigation which resulted in the instant indictment in view of the brazen, systematic and persistent burglaries of United States Government offices in Washington, D.C., and Los Angeles, California, over an extended period of at least some two years. Additionally, the United States was confronted with the pervasive conduct of the defendants in this case in thwarting a federal Grand Jury investigation by harboring a fugitive, in effect forcefully kidnapping a witness who had decided to surrender to the federal authorities, submitting false evidence to the Grand Jury, destroying other evidence which might have been of valuable aid to its investigation, preparing a cover-up story, and encouraging and drilling a crucial witness to give false testimony under oath to that Grand Jury ... a review of the documents seized in the ... searches ... show the incredible and sweeping nature of the criminal conduct of the defendants and of the organization which they led. These crimes include infiltration and theft of documents from a number of prominent private national and world organizations, law firms and newspapers; the execution of smear campaigns and baseless law suits to destroy private individuals who had attempted to exercise their First Amendment rights to freedom of expression; the framing of private citizens who had been critical of Scientology, including the forging of documents which led to the indictment of at least one innocent person; violation of the civil rights of prominent private figures and public officials. These are but a few of the criminal acts not covered in the 'uncontested' stipulation of evidence ... defendant Heldt's assertion that 'the policy of the Church prohibits any illegality on the part of its members or staff...' is totally unfounded and incorrect. The evidence in this case ... establish[es] beyond peradventure that the Church and its leadership had, over the years, approved, condoned and engaged in gross and widespread illegality. One, indeed, wonders how it can even be suggested that the defendants and their organization did not make illegal activities part and parcel of their daily work." (JCA-154).

exhibits mentioned:

JCA-7. Memorandum of Intended Decision in Church of Scientology of California v. Gerald Armstrong, Superior Court for the State of California, C420153, 20 June 1984.

JCA-27. Hubbard, "The Scientologist - A Manual on the Dissemination of Material", reprinted in The Technical Bulletins of Dianetics and Scientology volume 2, pp.151-171, 1979 printing.

JCA-45. Frank K. Flinn testimony in Church of Scientology of California, 1984, vol.23, pp.4032-4160.

JCA-46. "The Corporations of Scientology", p.24, 1989.

JCA-47. Trademark License Agreement - SMI/Mission, licence to use Religious Technology Center trademarks and service marks.

JCA-48. Scientology Policy Directive 19, "The Integrity of Source", 7 July 1982.

JCA-115. Hubbard, "Suppressive Acts, Suppression of Scientology and Scientologists", Policy Letter of 23 December 1965, re-revised 8 January 1991. reprinted in The Organization Executive Course, volume 1, pp.873-889, 1991 edition.

JCA-139. Boards of Directors of the Churches of Scientology, "Ethics, Cancellation of Fair Game, more about", Policy Letter of 22 July 1980.

JCA-140. Hubbard, "Ethics, Suppressive Acts, Suppression of Scientology and Scientologists, the Fair Game Law", Policy Letter of 1 March 1965, reprinted in the Scientology Basic Staff Hat Book, number 1, pp.40-44, 1968 edition.

JCA-141. Hubbard, "Penalties for Lower Conditions", Policy Letter of 18 October 1967, reprinted in the Scientology Basic Staff Hat Book, number 1, p.26, Church of Scientology of California, East Grinstead, 1968.

JCA-142. Hubbard, "Cancellation of Fair Game", Policy Letter of 21 October 1968.

JCA-143. Leif Windle, Morris Budlong & Jane Kember, "Confidential Intelligence Course", Guardian Order of 9 September 1974.

JCA-144. Sentencing memorandum of the United States of America, in USA v. Kember and Budlong, US District Court for the District of Columbia, criminal no. 78 401 (2) & (3).

JCA-145. Church of Scientology International, "Cancellation of Issues on Suppressive Acts and PTSes", Policy Letter of 8 September 1983.

JCA-146. Mr. Justice Latey in "B & G wards", Royal Courts of Justice, 23 July 1984.

JCA-147. Wollersheim v. Church of Scientology of California, Court of Appeal of the State of California,, 18 July 1989 (upheld by the U,S. Supreme Court, 7 March 1994).

JCA-148. Hubbard, "Dept of Government Affairs", Policy Letter of 15 August 1960,

JCA-149. The Auditor, issue 31.

JCA-150, Hubbard, Overcoming Ups and Downs in Life, "The Antisocial Personality", 1988edition.

JCA-151. Sue Porter, "Suppressive Persons and Suppressive Groups List", Sea Organization Flag Executive Directive, 25 July 1992.

JCA-152. Miscavige, reported in International Scientology News, issue 31.

JCA-153. Hubbard, "Ron's Journal, 1967", transcript of lecture, recorded 20 September 1967 (issued as a cassette tape recording in 1983).

JCA-154. Sentencing Memorandum in USA v MSH et al, US District Court for the District of Columbia, criminal case no. 78-401, pp.1-4 & 14.

JCA-155. ibid, p.69 (see also Stipulation of Evidence in this case, where the following co-conspirators or participants are named: Joseph Alesi (pp.98, 175); Don Alverzo (22, 89, 101f); Peeter Alvet (183, 244); Brian Andrus (231, 233, 241, 243, 251, 265); Michael Baum (146); Jim Douglas (249f); Nancy Douglas ("Pitts") (46, 70); Jim Fiducia (239); Janet Finn (183); Martin Greenberg (107, 133); Richard Kimmel (98); Paul Klopper (peripheral involvement) (157, 265); Gary Lawrence (247); Joe Lisa (35, 200); John Luke (247); Lynn McNeill (45); Arthur "Artie" Maren (51, 170); John Matoon (248); Carla Moxon (22); Rick Moxon (presumably Kendrick Moxon, attorney) (197, 213f); Jimmy Mulligan (108, 180); george Pilat (247); Lexie Ramirez (143); Bruce Raymond (aka Randy Windment) (131f, 212, 251); Chuck Reese (244, 250); Tom Reitze (Snow White I/C) (142); Mary Rezzonico (107, 170); Michael Taylor (62); Peggy Tyson (71); Bruce Ullman (22, 176); Hugh Wilhere (150); Lt warren Young (San Diego police) (205).