--- In FairfieldLife@yahoogroups.com, new.morning <[EMAIL PROTECTED]> wrote:
>
> --- In FairfieldLife@yahoogroups.com, "sparaig" <sparaig@> wrote:
> >
> > --- In FairfieldLife@yahoogroups.com, Sal Sunshine <salsunshine@> wrote:
> > >
> > > Several lawsuits have been filed, Bill, one of the most well-known 
> > > being for false advertising about "flying" technique, and claiming
> they 
> > > could teach people to fly.  Not sure what the outcome was, I think it 
> > > was settled out-of-court.
> > > 
> > > Another was a court case in NJ that asserted that TM was, indeed, a 
> > > religion (or had religious overtones and couldn't be taught in the 
> > > public schools.)
> > > 
> > > Sal
> > > 
> > 
> > Malnak v Yogi. The case was concerning TM+SCI+puja. TM, by itself,
> was never analysed 
> > seaprately from the theoretical course taught along with it.
> 
> It raises issues for the Lynch Foundation -- particularly if a whole
> school signs up. And its a public school. But no public funds are
> used. Does the court ruling set a precedent that would effect that?
>

Charter schools are public schools. The ruling discussed the religious nature 
of the puja, 
plus the implications of teaching theory as though it were fact, pointed out 
that the class 
time was mostly about theory, not TM practice and discussed public funding for 
the 
project.

Here's the nutshell ruling. I bought the entire ruling last night. Andrew is 
very unhappy 
with me for continuing to disagree with him on this issue, BTW. He doesn't see 
a difference 
between "TM" and "SCI/TM" as put forth in the ruling. The relevant part of the 
ruling:

enjoined: 
(1) From the teaching, aiding in the teaching (including but not limited to the 
providing of 
teaching materials), and the solicitation of any municipality, school board or 
other political 
subdivision or governmental agency of the State of New Jersey or of the Federal 
government, for the purpose of promoting the teaching of any course of study 
which 
embodies and advocates any one or more of the Science of Creative Intelligence/
Transcendental Meditation, the concepts of the field of pure creative 
intelligence, creative 
intelligence and bliss-consciousness; 
(2) From the use of the textbook entitled Science of Creative Intelligence for 
Secondary 
Education--First Year Course--Dawn of the First Year of the Age of 
Enlightenment, (or its 
substantial equivalent) and; 
(3) From the practice of Transcendental Meditation or of the puja ceremony as 
heretofore 
practiced or performed (or the substantial equivalent of either), in any public 
school in the 
State of New Jersey;



http://www.lightlink.com/trance/law/nj/nj10.html

APPENDIX

United States District Court

DISTRICT OF NEW JERSEY

Docket No. 76-341
(H.C.M.)
Civil Action

ORDER AND JUDGMENT

ALAN B. MALNAK. et al.,
Plaintiffs,

v.

MAHARISHI MAHESH YOGI, et al.,
Defendants

This matter being opened to the Court upon Plaintiffs' Motion for Partial 
Summary 
Judgment, and the Court having considered the affidavits, briefs and exhibits 
filed herein, 
and the arguments of counsel on November 22, 1976, and December 3, 1976 
(McCarter & 
English, Esq., attorneys for Plaintiffs, Julius B. Poppinga, Esq., appearing; 
Paul Weiss, 
Rifkind, Wharton & Garrison, Esqs., attorneys for Defendant World Plan 
Executive 
Council--United States, Edward N. Costikyan, Esq., and Bernard Ouziel, Esq., 
appearing; 
Fischer & Kagan, Esqs., attorneys for defendant World Plan Executive 
Council--United 
States, Jay D. Fischer, Esq., appearing; Scipio Africano, Esq., attorney for 
Defendant Board 
of Education of Union City, appearing; office of the United States Attorney 
General, 
attorney for Defendant Joseph A. Califano, Jr., Secretary of the United States 
Department of 
Health, Education and Welfare, William E. Staehle, Esq., appearing; and Office 
of the 
Attorney General for the State of New Jersey, attorney for Defendants State of 
New Jersey, 
New Jersey State Department of Education, New Jersey State Board of Education. 
Fred G. 
Burke, and Charles Wilson, Mark Schorr, Esq., appearing on November 22 and Guy 
S. 
Michael, Esq., appearing on December 31, and good cause appearing. there being 
no just 
reason for delay;

IT IS on this 12 day of December, 1977, hereby Ordered and Adjudged that 
judgment be 
entered, declaring:

1. That the Science of Creative Intelligence/Transcendental Meditation and the 
teaching 
thereof, the concepts of the field of pure creative intelligence, creative 
intelligence and 
bliss consciousness, the textbook entitled Science of Creative Intelligence for 
Secondary 
Education--First Year Course--Dawn of the First Year of the Age of 
Enlightenment, and 
the puja ceremony, are all religious in nature within the context of the 
Establishment 
Clause of the First Amendment of the United States Constitution, and the 
teaching thereof 
in the New Jersey public schools is therefore unconstitutional.

2. That Defendants World Plan Executive Council--United States; Jerome W. 
Jarvis; Robert 
B. Kory; Janet Aaron; Board of Education of Maplewood-South Orange, New Jersey 
School 
District; Board of Education of West New York, New Jersey School District; 
Board of 
Education of Union City, New Jersey School District; Board of Education of 
Patterson, New 
Jersey School District; New Jersey State Department of Education; New Jersev 
State Board of 
Education; Fred G. Burke, as New Jersey Commissioner of Education; Charles 
Wilson; State 
of New Jersey and Joseph A. Califano, Jr., Secretary of the United States 
Department of 
Health, Education and Welfare; and the respective officers, agents, employees 
or any other 
person or entity acting for or at the behest of any of the foregoing, be and 
hereby are 
permanently enjoined: (1) From the teaching, aiding in the teaching (including 
but not 
limited to the providing of teaching materials), and the solicitation of any 
municipality, 
school board or other political subdivision or governmental agency of the State 
of New 
Jersey or of the Federal government, for the purpose of promoting the teaching 
of any 
course of study which embodies and advocates any one or more of the Science of 
Creative 
Intelligence/Transcendental Meditation, the concepts of the field of pure 
creative 
intelligence, creative intelligence and bliss-consciousness; (2) From the use 
of the 
textbook entitled Science of Creative Intelligence for Secondary 
Education--First Year 
Course--Dawn of the First Year of the Age of Enlightenment, (or its substantial 
equivalent) 
and; (3) From the practice of Transcendental Meditation or of the puja ceremony 
as 
heretofore practiced or performed (or the substantial equivalent of either), in 
any public 
school in the State of New Jersey;

3. That costs shall be allowed to Plaintiffs.

This Court retains full jurisdiction as to all matters relating to the 
above-captioned case, 
subject only to the effect of any appeal from this judgment.

S/H. C. Meanor
H. Curtis Meanor, U.S.D.J

ORIGINAL
FILED
DEC. 12, 1977








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