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


February 25th, 1954

The Hon. Judge Clifford
Federal Court House
Portland, Maine

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 energy.

      I, therefore, rest the case in full confidence in your hands.

Sincerely yours,
signed....Wilhelm Reich, M.D.

Wilhelm Reich, M.D.



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.
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 Natural Law.
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:

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.

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.
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

Date: Feb. 22, 1954


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