For years, Stephen
Barrett, self-appointed "quack buster," has directed many of his
most venomous attacks at chiropractic. He has used print and broadcast
media -- as well as the Internet -- in an attempt to do what the American
Medical Association failed to do during their anti-chiropractic campaign:
destroy and contain chiropractic.
When faced with criticism of his own closed- mindedness or
vindictiveness, Barrett has had a reputation for threatening lawsuits to
silence his detractors.
However, in what's been called a landmark free speech decision, a judge
in Northern California has thrown out a defamation lawsuit against a San
Diego woman who called Barrett a "quack" on her own Internet
discussion group.
Alameda County Superior Court Judge James A. Richman has ordered
Barrett to pay the woman's legal fees, stating, "Boundaries of
permissible public discourse have evolved significantly in the last
half-century."
Barrett, a former psychiatrist who holds no current medical license, is
one of the most vocal opponents of non-medical health care and his "Quackwatch"
website, launched in 1996, is frequently cited in anti-chiropractic media
reports.
The defendant, Ilena Rosenthal, has a website that serves as a support
group for women who have had problems with breast implants. In online
discussions, she has called Barrett an arrogant quack, and stated that he
was a "bully" who tried to "extort" her, and that
"Quackwatch appears to be a power-hungry, misguided bunch of
pseudoscientific socialistic bigots."
Barrett tried to shut her up by slapping her with a lawsuit for
defamation and libel, but the judge threw the case out since, he stated,
Barrett was a public figure and the online discussion was protected by the
Constitution's right to free speech.
The ruling came on July 25, just two days after New Century Press filed
a RICO (racketeering) lawsuit against Barrett and his fellow "Quackbusters."
The lawsuit charges Stephen Barrett, his wife Judith Barrett, with
"Unlawful, Unfair, and Fraudulent Business Practices ... Violation of
Civil Rights, Intentional Interference With Prospective Advantage,
Negligent Interference With Prospective Advantage, Civil Racketeering
Influenced and Corrupt Organizations (RICO), Malicious Prosecution, Abuse
of Process, Negligence, (and) Civil Conspiracy."
Also named in the suit are many of Barrett's business enterprises and
associates -- including Terry Polevoy (of Canada), Christopher Grell,
Quackwatch Inc., Quackwatch.com, Lehigh Valley Committee Against Health
Fraud, the National Council Against Health Fraud Inc., NCAHF,
Healthwatchers.net, the Georgia Council Against Health Fraud, Rebecca
Long, Rebekah Johnson, Scotsoft Research, ssr.com, hcrc.org, Aron Primack,
Peter W. Pappas, Joseph Pizzorno, Robert S. Baratz M.D., William T.
Jarvis, Tim Gorski, John Stone, Bill Ross, Peter Bowditch, Monica Pignotti,
Paul Lee, Michael McNeil, Paul Hilling, J.A. Lyons, Paul Smith,
QuackbustersoftheIllumunatti, Esther Figueroa, Jose Figueroa, and others.
The suit asserts that, "Without any basis or clinical research of
their own, Dr. Barrett (a de-licensed psychiatrist) and Dr. Polevoy (an
acne care physician), and each of the Cross-Defendants, have focused their
unqualified attack on the scientific findings of Dr. Clark. Applying their
obviously limited scientific understanding of microbiology and
parasitology, they minimize the significance of Dr. Clark's work by
addressing only one form of parasite that they believe is the entirety of
her findings. It is almost as if they picked up one of Dr. Clark's books
and read the middle page and nothing else, then decided they are experts
in the field of parasitology."
Dr. Clark's attorney's also noted, in the legal action, that Barrett
and his cohorts "have used the internet as their national pulpit by
which they preach the exclusive validity of allopathic medicine to their
cult-like followers. Their dogmatic medical mantras are laced with
character assassinations and demagoguery to advance their own personal
agenda and those of other executioners for traditional medicine."
In a statement applauded by alternative health care advocates around
the world, the Health Freedom Legal Defense Council, which represents
Clark, explained the reason for their lawsuit: "Recently, countless
supporters of Dr. Clark became fed up with the ongoing flood of internet
medical narcissism and decided to break their silence and defend the
alternative point of view. In essence, the alternative health community
has exercised their right of free speech against the narrow-minded
prophecies of the QUACKBUSTERS. This, not surprisingly, has infuriated Dr.
Barrett and Dr. Polevoy and the many persons and/or entities that follow
them. As is typical of self-deputized vigilantes, Dr. Barrett and his
supporters believe that the protections of the First Amendment only apply
to them."
The suit asks the court for a permanent injunction, to prevent all the
defendants from engaging in the "improper and unlawful conduct"
described in the legal document. It also calls for general and
compensatory damages, which they put at $10 million.