Please also visit QuackWatchWatch and Ilena's Blog

UPDATED: October 2, 2012

 

AMICI CURIAE - EFF/ACLU  Friends of the Court Brief (opens pdf file)

December 7, 2004   Defamation for 3rd party statements: case continues

November 30, 2004    Libel Case Could Chill Speech Online

Request for Review with the Supreme Court ... ACLU which was granted.

Superior Court Grants anti-SLAPP against all Plaintiffs

Original Complaint NOTE:    Although Barrett & Grell lost their Appeal well over 18 months ago, Barrett refuses to acknowledge this on his website.

November 30, 2004  Libel Case Could Chill Speech Online

Press

December 7, 2004

Out-Law   Defamation for 3rd party statements: case continues

 

September 2001
A publication of the World Chiropractic Alliance
'Quack Buster' busted

 

September 5, 2001
East Bay Express
War of the Words: An Oakland judge makes a precedent-setting ruling in an Internet libel case
by Kara Platoni

 

August 28, 2001
USA Today
Should Internet protect against defamation?
By Susan Estrich

 

August 9, 2001
New York Times
CYBER LAW JOURNAL
How Is Libel Different in Cyberspace?
By Carl S. Kaplan

 

August 2, 2001
The Recorder
California Libel Opinion Upholds Greater Protection of Internet Speech
Jahna Berry

 

July 30, 2001   Electronic Frontier Foundation Media Release
Court Rules That Internet Re-Posting Is Protected Speech
Dismisses Defamation Suit Against Breast Implant Activist as Meritless

 

 

 

 

 

 

You Don't Have to be Sick:

On the Edge with Burton Goldberg
What's Eating Stephen Barrett?

In most cases and for most of the illnesses commonly associated with chemical sensitivity, Barrett says the mass of mistaken patients would be better off seeking "mental help" from a psychiatrist or other "mental health practitioner." Alternative medicine physicians and especially "clinical ecologists" (the old name for practitioners of environmental medicine, which links exposures to toxic substances with health conditions) should be chastised, investigated, put on notice, and if possible, put out of business, says Barrett.

 

Oprah won a victory for the First Amendment

MOLLY IVINS

EXCERPT:  It's not so much that environmental activists and food safety activists and watchdog groups of all sorts ever lose these cases -- it's just that it costs them so much in legal fees to get sued that they are effectively silenced ever after.

Winfrey, bless her, is rich enough to fight this nonsense all the way to the Supreme Court.

MCS ... The Big Issue for the breast implanted community and millions of others ...

from my supplemental declaration for this case:

I believe that a review of Barrett’s and Polevoy’s websites also illustrates that they publish their opinions and conclusions on medical issues as "facts" concerning on-going medical controversies such as Multiple Chemical Sensitivity (MCS), an illness that devastates the health of a high number of women with breast implants.


As explained in my original declaration, Barrett prematurely and, in my opinion, inaccurately, concludes "‘Multiple chemical sensitivity’ is not a legitimate diagnosis."

I was shocked that Barrett wrote of the clinical ecologists who believe in MCS, "most of them should have their licenses revoked."

I believe that if Barrett’s position becomes accepted by the mainstream medical community, it would not only hinder women who are impacted by the effects of this debilitating illness from getting the help they need, it would also aid in the defense of the silicone manufacturers in the billion dollar lawsuits against them that continue today.

Plaintiffs claim that my statements about them are not related to breast implant issues. (Opposition, 2:2-6).

Barrett, in ¶15 of his declaration, also declares, "I do not have a ‘highly publicized viewpoint on the subject of breast implants’" and then states, "Nor have I been involved in any public controversy about them."

However, page 21 of the 24-page report on "Multiple Chemical Sensitivity" (MCS), edited by Barrett, and widely disseminated by the American Council on Science and Health (ACSH), states "If the medical community accepts the diagnosis and theory of MCS, a wide range of industries could be seriously affected," and then lists the "silicone breast implant" makers as number 6 .

(click here for link)

What scientists say about MCS

Multiple Chemical Sensitivity: A 1999 Consensus

 

Environmental Health Perspectives Supplements Volume 110, Number S4 August 2002

Environmental Factors in Medically Unexplained Symptoms and Related Syndromes: The Evidence and the Challenge

 

 

 

Thank you for your interest in what has become a very important and high profile internet libel suit.

Oral arguments on this case were heard on September 5, 2006 in the Supreme Court of California in San Francisco.

On November 20, 2006, the Justices ruled in favor of Ilena Rosenthal. Click here for details of Barrett Vs Rosenthal.

 Calif. High Court Cold to Liability in Online Speech The Recorder 9.05.2006

EXCERPT:

Oakland, Calif., attorney Christopher Grell's belief that certain Internet speech shouldn't be immune from liability was bombing Tuesday during oral arguments in the state Supreme Court.

But the coup de grace came when Justice Ming Chin followed up Grell's presentation by immediately telling one of the opposing lawyers how surprised he was by Grell's "startling lack of legal authority."

That statement apparently summed all seven justices' thoughts about Grell's argument, and effectively signaled that the court doesn’t intend to make untold numbers of Internet users liable for every allegedly defamatory posting on the Web. (for more click here)

California justices frown on Internet libel lawsuits AP 9.05.2006

The Court's opinion regarding the re-posting of potentially libelous material on the internet will be extremely relevant to millions of internet posters. The ACLU of Northern California, Amazon.com, Ebay.com, EFF.org, and other groups have written "friends of the court" letters on our behalf.

SUPREME COURT TO REVIEW CASE AFFECTING INTERNET USERS
ACLU, Northern California PRESS

EXCERPT:

Defendant Ilena Rosenthal noted that this lawsuit is only one of several lawsuits filed by the so-called “Quackbusters” against their critics. Rosenthal believes that the Quackbusters use SLAPPs (Strategic Lawsuits Against Public Participation), such as this one, to intimidate and threaten others into silence. The plaintiffs "are a threat to alternative and complementary medical practices and practitioners," Rosenthal said.

My response to an enormous amount of disinformation put out on the internet about this suit on behalf of plaintiff, Terry Polevoy, can be found here.

"In a Nutshell"

This case was filed in late 2000 against Dr. Hulda Clark, Tim Bolen, myself, and other named and unnamed defendants by the ultra sue happy, so called "quackbusters" Stephen Barrett, Terry Polevoy, and their personal injury lawyer Christopher Grell.

They claimed I was "in conspiracy" with people I had never met, (communicated with, or even heard of) to "libel" them. All three Plaintiffs lost at the Superior Court level.

Both Barrett and Grell also lost all appeals to me.

Nothing I had written or re-posted regarding Barrett was even questionably "libelous" as he claimed.

For several decades, in conjuction with the chemical and pharmaceutical backed American Council  of Science and Health (ACSH.org) as their "advisor," Barrett has been attacking health professionals (and practices) with whom they disagree. His so called "National Council Against Health Fraud" has launched many lawsuits and they often go after the licenses of people they deem are "quacks." For a list of the various pots he has had his fingers in ... click here.

Though a "psychiatrist" for several decades, he never protected his patients by passing the Board Certification.

Their guerrilla attacks are carried out on every possible level ... including labeling others as "quacks" and being involved in lawsuits intended to destroy them and silence their voices. Read here what Barrett says about those scientists and doctors working to untangle the complex Multiple Chemical Sensitivity issue.

Barrett's writings on Multiple Chemical Sensitivity mirror the chemical industry's cover-up of this difficult medical challenge. This is where I first became critical of his viewpoint. He expounds their viewpoint falsely claiming that MCS "does not exist." Click here to see Barrett's comments on MCS and how they relate to the scores of thousands of women harmed by the chemicals and metals etc. in their breast implants.

I first became aware of Polevoy when reading of his aggressive campaign against a Canadian woman's alternative medical radio show that resulted in it being cancelled.

Grell was someone I never knew existed until he SLAPP sued me.

Oprah Winfrey had to defend herself against the Meat Industry in a similar high profile SLAPP suit. Four years and over a million dollars in legal expenses later, she and her co-defendant were finally vindicated. These are common tactics industry uses to silence critics.

Using "guerilla tactics," Barrett and Polevoy continue to wage War against me and other defendants, as well as others of us who believe in medical freedom. They aggressively attack alternative and complementary medicine and those who study it. Polevoy has gone so far as to publish in a Pharmaceutical Industry Magazine that "Natural Medicine equals Quackery."

This "Rag-tag Posse" (Barrett's modern day guerrillas) was augmented after their original loss in Superior Court in Autumn, 2001. They are a group of often anonymous posters with multiple identities pushing their pharmaceutical / med device/ chemical industry backed viewpoints. and promoting quackwatch.com and bashing their critics.

Please note particularly on this list:  plaintiffs Polevoy, Barrett, Grell together with, Andrew M. Langer, "Willa Nidiffer" [aka Ted Nidiffer, Nana Weedkiller, Cathy Credulous etc.) and Mark S. Probert.

I have been informed that Langer, Nidiffer and Probert were involved in what is possibly an illegal investigation of me and friends of mine. Why is my physical location their obsession? All three have actively harassed me since all plaintiffs lost in Superior Court. Click here for their SBIPrivateClub.

Updated 5.13.2005

 

Silicone Executive, Patrick J. O'leary has 'assigned' to her a judgement he has against me (click here) and this Club was going to use it as an excuse to access any assets I have and track me down ... wherever I might be. Click here.

 

With all the humility possible ... in the March 5, 2001 issue of Time magazine, Barrett so modestly spake:

"Twenty years ago, I had trouble
 getting my ideas through to the media.

Today,
I am the media."

And indeed, he has filled as many of the different medium as possible, including having breast implant support groups totally infiltrated claiming to be on the side of the breast implanted community.

His Guerrillas are working overtime to destroy my reputation and my viewpoints. Any person who has been exposed to toxic chemicals ...via silicone implanted in them,or any other way, should see what Barrett wants to happen to those scientists and doctors studying this complex phenomenon. Click here.

Chain of events from the Appeals Court

The Supreme Court of California has voted 7 to 0 to grant our Petition for Review regarding the portion of this case involving Terry Polevoy's claims against me.

The entire case has come down to one comment I reposted, regarding the "stalking" of Ms. Christine McPhee by Polevoy.

After discussing with me her horrifying experience as his target ... and now with his obsession with my whereabouts, I firmly believe Ms. McPhee felt stalked by him. His pattern of "affecting disguises" was repeated on Usenet, when he was unveiled, posting aggressive messages under the name of "Vera Teasdale."

From the case:

"Polevoy, police reports show, STALKED Canadian Radio Personality Christine McPhee, until, terrified, she called in police. He followed her around, affecting disguises, for months -- then further terrified her by e-mailing her the details of his stalking actions."

Polevoy had waged an ugly letter writing campaign against her -- as is his way -- to chill her opinions, and those of her guests.

Polevoy put up a very vicious webpage about Ms McPhee's Alternative Medicine Radio Show, as he had for other targets of his, notably, Dr. Hulda Clark and Dr. Len Horowitz. He has now done the same for me, as have a couple of his "publicists."

Both Dr. Clark and Dr. Horowitz, long time targeted by Polevoy, had been guests on Ms McPhee's popular radio show. This excerpt describes well Polevoy's guerrilla tactics.

Shared Vision ....   January 2001

Natural Medicine Natural Medicine: BC Leads the Way

By Lily G. Casura

EXCERPT:

Despite McPhee's popularity, her show was cancelled for what amounted to political reasons. "I can't stand the heat," said one of her bosses, in response to Polevoy's one-man e-mail-and-letter crusade to the station saying McPhee should be taken to task for promoting alternative medicine. "I'd have to hire someone part-time just to respond to his mailings." A colleague of McPhee's, a medical doctor also being persecuted by the Canadian Quackwatch, says she's received more than 100 e-mails from this man alone in recent months.

During the Summer of 2004, Polevoy appeared on Usenet "affecting disguises" this time as a woman, "Vera Teasdale." He posted 50 messages attacking me and others involved in this lawsuit ... and advertising his own website.

When he realized that he had made a fatal error and posted his own healthwatcher.net address by mistake, he immediately nuked his post!

He also has become obsessed with my whereabouts, several times posting subtle threats about "immigration" ... as have several of his Publicists. Two of them recently showed up in the Central American country they believe I am in ... out of nearly 200 countries in the world. As I write this, they are investigating people I work with in my real estate career ... nothing in the world to do with this case or the breast implant cause. They have harassed and posted lies about the Humantics Foundation directors, posted photos of my mail drop and threatened the people who work there. Nothing is too personal or too untrue for their intrusions.

Although the case is officially known as "Barrett vs Rosenthal" ... the decisions regarding Stephen Barrett & Christopher Grell have been decided ... all Courts have already ruled against them.

After years of defending myself against their legal assaults, nothing I had said or written about Barrett or Grell was actionable in any way.

In fact, I knew nothing of Grell nor had I ever written a word about him until he sued me for libel and for being in conspiracy with people I had never met.

Simultaneously, someone from Barrett's Quackwatch group has purchased a domain name for our organization, the "Humantics Foundation" (humanticsfoundation.org) to augment their harassment of me. Willa/ Ted Nidiffer, who posts as "Nana Weedkiller" or "Cathy Credulous" has infiltrated a support group I am involved in, and posted advertising for quackwatch.com and a libelous website called "Ilena Rose Arrested for Crack." Nidiffer has posted that I am a criminal, have stalked him, and hundreds of deceitful posts about me while advertising for Polevoy and Barrett and Grell.

Shortly after this lawsuit was filed against me and several others, this Posse was augmented for the express purpose of publicizing on their behalf on the internet against Dr. Clark, myself, and others they were suing.

Several of those that have been active, aggressive members of the Smear Campaign against me are "coincidentally" are together with Barrett, Grell, Polevoy, such as 'Willa Nidiffer' (aka Nana Weedkiller), Corporate Lobbyist Andrew Langer, and the man with more email aliases than Heinz has beans, Mark S. Probert.  Click link below to see them lined up together.

Further, both losing Plaintiffs contacted me personally by email.

It appears from their communications, they are attempting to get out of paying their Court Ordered Judgements and holding Polevoy's questionable case as hostage. In fact, although the amounts have yet to be decided as to how much these two must pay for their loss, via Grell, Barrett is claiming that all "sources of his income are protected." (letter of 1/28/04)

Before we requested this review with the Supreme Court, we offered Polevoy a "walk away" ... no money exchanged between us ... we both walk away.

He refused.

Fortunately, our Request for Review with the Supreme Court was approved.

 

 

November 17, 2003

Thank you for your interest.

I have spent the last three years of my life defending myself in this classic SLAPP suit ... in the courtroom as well as on Usenet.

Soon after Barrett and Polevoy's "Publicist"Willa and/or Ted Nidiffer, Jr. announced their version of the verdict, they upped their personal attacks on me as viciously as possible. The next day, Nidiffer was posting Usenet headlines "Ilena Rose was Arrested For Crack."

Very indicative of how Barrett & Polevoy's Team works.

I admit it is someone daunting having beaten Barrett, who so humbly refers to himself as "The Media" in such a public lawsuit.

He is not one to take defeat lightly. And with the chemical industry (etc.) funding ACSH to write his "unbiased" pieces on a multi-billion dollar ongoing medical controversy ... none of their antics surprise us any longer.

And they are certainly well funded adversaries.

How ironic. Barrett sues me, in part, for calling him a "bully," then his anonymous Publicist posts vile lies about me, while cowardly hiding behind an alias.

The latest news is that the Judges granted our request for re-hearing, and denied Barrett's. The opinion as to Polevoy is now vacated.

The case is very, very complex and far reaching.

The court's opinion regarding the re-posting of potentially libelous material on the internet, makes it extremely important to millions of posters and many are speculating the case may reach the Supreme Court of the United States.

I will be updating this site as this case continues to unfold ... if you would like to support the Humantics Foundation in continuing to raise awareness to the dangers of breast implants, please click link below to contribute via Paypal from any email address.

 

 

Ilena@Work.jpg

Ilena Rosenthal, Winning Defendant

Losing Plaintiff, Stephen Barrrett of the so-called:

Twenty years ago, I had trouble  getting my ideas through to the media.

Today, I am the media.

The ever humble, Stephen Barrett

Losing Plaintiff, Terry Polevoy of the so-called:

Healthwatcher.net

Quackerywatch \

aka

"Vera Teasdale"

On September 5, 2006 the Supreme Court of California heard Oral Arguments on whether or not the reposting of potentially or alleged libelous comments were actionable. He and attorney Christopher Grell, made made public comments with false statements about this case.

Qui Tam cases provide a mechanism to recover funds that have been stolen from the government through fraud by corporations, such as pharmaceutical companies and hospitals, and individual wrongdoers, like doctors or dentists.

From the Case

" On July 2, 2000, I received another email message from Barrett claiming, "We have no financial connection with the AMA and never have had one." Although I did not write that Barrett had a financial connection to the AMA, Barrett is an author of the AMA’s Reader’s Guide to "Alternative" Health Methods. Surely he was remunerated by the AMA for this work."

Does anyone believe he "donated" his writings for the AMA News and the Readers Guide and was never compensated?

Quackwatch 'Guerrilla' Tactics

Quoth Stephen J. Barrett, writing in AMA News on August 25, 1975, describing the Lehigh Valley Committee Against Health Fraud:

"By working "undercover" using assumed names and box numbers, we've gotten all sorts of information and publications other groups, like the medical societies, haven't been able to lay their hands on.

...Really, we're a bunch of guerrillas - we're not a large group, there are about 40 members, but we're the only such group in the country."

The NEW OXFORD
Dictionary
of ENGLISH

guerrilla (also guerilla)
noun a member of a small independent group taking part in irregular fighting, typically  against larger regular forces

 

Recently the Rainforest Action Network has been targeted by Boise Cascade and two industry front groups who are trying to get the IRS to cancel RAN’s tax-exempt status...

The corporate interests, who also use SLAPP suits (strategic lawsuits against public participation), would like nothing better than to be unopposed in their quest for profits at the expense of people and the planet.

Exactly the tactics in Barrett's case against me.

 

 

Legal Tactic Chills Debate, Activists Say

From: philanthropy.com

In recent years, corporations have also become more savvy about whom they decide to sue, according to several observers. Instead of being directed against large non-profit groups with ready access to legal talent, lawsuits are increasingly being brought against small organizations -- or merely against their leaders as individuals.

Exactly the tactics in this case against me.

 

 

Very revealing letter of the Guerrilla tactics of Barrett's NCAHF

NCAHF Posts Names of 2,500 Physicians on Quack List
Originally published July 1997
Lyn Behrens, PhD
President, Loma Linda University
Loma Linda, California 92350

 

Please excuse any typos, link glitches, etc.

If you'd like to let me know about them ... or anything else, please do.

 

 

 

May God grace his precious Earth and stop its Corporate Destruction.

With love from Ilena


Humantics Foundation
Breast Implants: Recovery & Discovery

Ilena Rosenthal, Director
1380 Garnet E-444
San Diego, CA 92109

 

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CCNA Security Pdf File http://www.test-king.com/training/ccna-security-pdf.htm
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Corporate Propaganda in Action

The Fake Persuaders by George Monbiot, The Guardian

"Corporations are inventing people to rubbish their opponents on the internet."

Corporate phantoms by George Monbiot, The Guardian

The PR Secret War Against Activists by John Stauber & Sheldon Rampton

This expose carefully details how the corporations (via their vast publicity teams of lobbyists and those paid to do "public outreach" etc. etc. etc. ) embed themselves into their 'marks' (in our case, the breast implant support system) and "educate" a type of activists by brainwashing them into believing it is for the good of the cause. In 1991, Dow Corning's PR Team admitted in a private memo that their "cover-up is going well" and spoke of setting up their "networks." I firmly believe that the Junk Science / ACSH / 'Quackbuster' enormous network is their proud culmination.

Viral Marketing: How to Infect the World by Flack Group Bivins

(Instructions to paid Disinfo Agents by paid Disinfo Agents)

 

 

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642-742 Course http://www.test-king.com/exams/642-742.htm
CCNA Exam Fees http://www.test-king.com/training/ccna-exam-fees.htm
CCNA Security Pdf File http://www.test-king.com/training/ccna-security-pdf.htm
CCNA Video Training Guide http://www.test-king.com/training/ccna-video-training.htm

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