USA vs WILHELM REICH 1954-1957 provided
by PORE -- last update (97jan18) - orgone - usa
from court docket volumes ( Pore's item wr40225a )
Wilhelm Reich's Response
to FDA's Complaint for Injunction
February 22-25, 1954
WILHELM REICH, M.D.
P.O. RANGELEY, MAINE, U.S.A.
The Hon. Judge Clifford
Federal Court House
Dear Judge Clifford:
I am taking the liberty of transmitting
to you my "Response" to the complaint filed by the Food and Drug
Administration regarding the Orgone Energy Accumulator. My "Response"
summarizes my standpoint as a natural scientist who deals with matters
of basic natural law. It is not in my hands to judge the legal aspects
of the matter.
My factual position in the case
as well as in the world of science of today does not permit me to enter
the case against the Food and Drug Administration, since such action would,
in my mind, imply admission of the authority of this special branch of
the government to pass judgment on primordial, pre-atomic cosmic orgone
I, therefore, rest the case in full
confidence in your hands.
signed....Wilhelm Reich, M.D.
REGARDING THE REQUEST OF THE FOOD AND DRUG ADMINISTRATION
In order to clarify the factual as well as the legal
situation concerning the complaint, we must, from the very beginning, distinguish
concrete facts from legal procedure to do justice
to the facts.
Technically, legally the US Government has filed suit against the natural
scientific work of Wilhelm Reich.
(FDA) TO ENJOIN THE NATURAL SCIENTIFIC ACTIVITIES OF
WILHELM REICH, M. D.
Factually, the FDA is not "the US
Government." It is merely one of its administrative agencies dealing
with Foods, Drugs and Cosmetics. It is not empowered to deal with Basic
ORGONOMY (see "BIBLIOGRAPHY on the HISTORY OF ORGONOMY")
is a branch of BASIC NATURAL SCIENCE. Its central object of research is
elucidation of the Basic Natural Law..
Now, in order to bring into line the legal procedure with the above-mentioned
facts, the following is submitted:
The common law structure of the UNITED STATES rests originally on Natural
Law. This Natural Law has heretofore been interpreted in various ways of
thinking, metaphysically, religiously, mechanistically. It has never concretely
and scientifically been subjected to natural scientific inquiry based upon
a discovery which encompasses the very roots of existence.
The concept of Natural Law as the foundation of a secure way of life
must firmly rest upon the practical concrete functions of LIFE itself.
In consequence, a correct life-positive interpretation of Natural Law,
the basis of common law, depends on the factual elucidation
of what Life actually is, how it works, what are its basic functional manifestations.
From this basic premise derive the claims of natural scientists to a free,
unmolested, unimpeded, natural scientific activity in general and in the
exploration of the Life Energy in particular.
The complaint of the FDA is, factually, intimately interconnected with
a basic social issue which, at present, is reverberating in the lives of
all of us here and abroad.
Abraham Lincoln once said" "What I do say is that no man
is good enough to govern another man without that other's consent. I say
this is a leading principle, the sheet anchor of American republicanism."
At this point, I could easily declare "I refuse to be governed
in my basic natural research activitiies by the Food and Drug Administration."
But exactly here, in this constitutional right of mine, the basic confusion
in the interpretation of Natural and Common Law becomes apparent.
There are conspirators around, whose aim it is to destroy human happiness
and self- government. Is now the right of the conspirator to ravage humanity
the same as my right to free, unimpeded inquiry?
It obviously is NOT THE SAME THING. I shall not try to answer this basic
dilemma of American society at the present. I shall only open an approach
to this legal and factual dilemma. It has a lot to do with the position
of the complainant, trying to enjoin the experimental and theoretical functions
of Life in its emotional, educational, social, economic, intellectual,
and medical implications.
According to Natural, and in consequence, American Common Law, no one,
no matter who he is, has the power or legal right to enjoin:
Attempts such as branding activities and instruments of such kind as
"adulterated," in other words as fraud, only characterize the
narrowness of the horizon of the complaint.
The study and observation of natural phenomena including Life within
and without man;
The commuinication to others of knowledge of these natural phenomena
so rich in the manifestations of an existent, concrete, cosmic Life Energy;
The stir to mate in all living beings, including our maturing adolescents;
The emergence of abstractions and final mathematical formulae concerning
the natural life force in the universe, and the right to their dissemination
among one's fellow man;
The handling, use and distribution of instruments of basic research
in any field, medical, educational, preventive, physical, biological, and
in fields which emerge from such basic activities and which, resting
on such principles, must by all means remain free.
No man-made law ever, no matter whether derived from the past or projected
onto a distant, unforeseeable future, can or should ever be empowered to
claim that it is greater than the Natural Law from which it stems and to
which it must inevitably return in the eternal rhythm of creation and decline
of all things natural. This is valid, no matter whether we speak in terms
such as "God," "Natural Law," "Cosmic Primordial
Force," "Ether" or "Cosmic Orgone Energy."
The present critical state of international human affairs requires
security and safety from nuisance interferences with efforts toward full,
honest, determined clarification of man's relationship to nature within
and without himself; in other words, his relationship to the Law of Nature.
It is not permissible, either morally, legally, or factually, to force
a natural scientist to expose his scientific results and methods of basic
research in court. This point is accentuated in a world crisis where biopathic
men hold in their hands power over ruined, destitute multitudes.
To appear in court as a "defendant" in matters
of basic natural research would in itself appear, to say the least, extraordinary.
It would require disclosure of evidence in support of the position of the
discovery of the Life Energy. Such disclosure, however, would invoke untold
complications, and possibly national disaster.
Proof of this can be submitted at any time only to a duly authorized
personality of the US Government in a high, responsible position.
Scientific matters cannot possibly ever be decided upon in court. They
can only be clarified by prolonged, faithful bona fide observations in
friendly exchange of opinion, never by litigation. The sole purpose of
the complainant is to entangle orgonomic basic research in endless, costly
legal procedures a la Panmunjon, which will accomplish exactly NOTHING
rational or useful to human society.
Inquiry in the realm of Basic Natural Law is outside the judicial
domain of this or ANY OTHER KIND OF SOCIAL ADMINISTRATION ANYWHERE
ON THIS GLOBE, IN ANY LAND, NATION, OR REGION.
Man's right to know, to learn, to inquire, to make bona fide errors,
to investigate human emotions must, by all means, be safe, if the word
FREEDOM should ever be more than an empty political slogan.
If painstakingly elaborated and published scientific findings over
a period of 30 years could not convince this administration, or will not
be able to convince any other social administration of the true nature
of the discovery of the Life Energy, no litigation in any court anywhere
will ever help to do so.
I, therefore submit, in the name of truth and justice, that I shall
not appear in court as the "defendant" against a plaintiff who
by his mere complaint already has shown his ignorance in matters of natural
science. I do so at the risk of being, by mistake, fully enjoined in all
my activities. Such an injunction would mean, practically, exactly nothing
at all. My discovery of the Life Energy is today widely known nearly all
over the globe, in hundreds of institutions, whether acclaimed or cursed.
It can no longer be stopped by anyone, no matter what happens to me.
Orgone Energy Accumulators, the "devices" designed
to concentrate cosmic Orgone Energy, and thus to make it available to further
research in medicine, biology, and physics, are being built today in many
lands, without my knowledge and consent, and even without any royalty payments.
On the basis of these considerations, I submit that the case against
Orgonomy be taken out of court completely.
Literature on orgonomic matters is enclosed for further clarification
of the issue. (....this line was crossed out in original.....)
signed ..Wilhelm Reich, M.D.
Wilhelm Reich, M.D.
Chairman of Basic Research
of THE WILHELM REICH FOUNDATION
Date: Feb. 22, 1954
Exchange Orgonomic Research and Information
Around The World Through
In effect on several pages since October 16, 1998