Youming Jin v. Ministry Of State Securit

254 F.Supp.2d 61 (2003)

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Nature of the Case

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Facts

Jin (Ps) all practice Falun Gong, a self-improvement practice or discipline similar to TaiChi that is rooted in ancient Chinese culture. Ps contend that the number of Falun Gong practitioners has grown rapidly in China, reaching more than 70 million in number by 1999. The Chinese government began to perceive the spectacular growth of Falun Gong as a threat to state security, stability, and economic development. The government began a campaign to marginalize and eventually eradicate Falun Gong by publishing a series of negative articles about the practice in state-run newspapers. It escalated response to issuing a nationwide ban on Falun Gong literature, starting a media campaign to characterize Falun Gong as a cult whose members advocated criminal activity, and harassing, physically intimidating, detaining, and arresting practitioners without cause. PRC president Jiang Zemin allegedly directed government officials to utilize the full resources of the state to eradicate the Falun Gong practice both in China and overseas. This campaign also included authorization of bias-related crimes, such as assault and battery, destruction of and property theft, interference with communications, and orchestrated efforts to influence U.S. officials by labeling Falun Gong a cult and its practitioners as terrorists. Ps allege that China murdered 1,500 Falun Gong practitioners, arrested and detained up to 50,000 practitioners, tortured of thousands of practitioners, incarcerated practitioners in labor/re-education camps and mental institutions, and the expunged practitioners from educational institutions and employment. Ps allege that in the United States, the Chinese government allegedly engaged in many of the same tactics of threats and coercion that it used in China. Ps contend a campaign of disparagement, and the use of its embassy and consulate officials to orchestrate a nationwide conspiracy of disinformation against Falun Gong practitioners, distributing negative programming produced in China throughout major U.S. television markets and preventing Falun Gong practitioners from having equal access to those outlets. Ps allege that on January 30, 2001, the government staged a limited-access news event at which several individuals identified as Falun Gong practitioners set themselves on fire in Tiananmen Square. They distributed this television footage of the staged news event throughout the United States. The footage was accompanied by a narrative that defamed certain Falun Gong practitioners living in the United States as advocates of suicide, intra-family violence, anti-family values, and cult worship. Ps allege that ministry and embassy officials disseminated thousands of videotape copies of the footage to various federal and state officials, and incorporated the contents of the footage as well as further defamatory statements onto the Chinese embassy's website. Based on these events, nine of the plaintiffs bring one count of defamation against CTC, CCTV, the defendant ministries, and the embassy and consulate officials. They allege their reputations have been impugned, they have been labeled cult leaders and terrorists, have been vilified and cursed by members of the Chinese-American community, and have been disowned by family members. They seek injunctive and monetary relief. D filed a motion to dismiss the defamation claim pursuant to Rule 12(b)(1) and (6).