NXIVM (not to be confused with Nexium the “purple pill” for antacid relief) also known as “Executive Success Programs” (ESP) recorded another strike in its ongoing court battle yesterday.

Strike Three was thrown by the United States Supreme Court, the third court to reject NXIVM’s efforts to silence its critics. The controversial organization has run out of courts to approach in search of an injunction.

This allows the last ruling of the US Second Circuit Court of Appeals to stand, which was a harsh rebuke of NXIVM’s claims.

NXIVM sued the Ross Institute of New Jersey (RI), Rick Ross, John Hochman, MD, Paul Martin, Ph.D. and one of its former students claiming that quoting its material within the research reports somehow violated “copyright” and “trade secret” law.

See the following reports:

“A Forensic Psychiatrist Evaluates ESP”

“A Critical Analysis of Executive Success Programs Inc.”

“Robert Jay Lifton’s eight criteria of thought reform as applied to the Executive Success Programs”

NXIVM founder Keith Raniere appeared to experience his Andy Warhol “15 minutes of fame” last year when the failed former multi-level marketing guru made the cover of Forbes Magazine as “The World’s Strangest Executive Coach.”

But that dubious distinction soon faded and a downhill slide seemed to begin, certainly in the courts.

In an ultimately futile effort to change his legal lot Raniere retained one of the largest (1,400 attorneys) and most expensive law firms in the United States with offices in Washington D.C.

However, even the Ivy League lawyers at Sidley, Austin, Brown & Wood were unable to “make a silk purse out of a sow’s ear.”

Perhaps the D.C. attorneys explained to their client that his chances of overturning the lower court’s definitive decision was likely to occur “when pigs fly.”

Mr. Raniere, known to his faithful as “Vanguard” and his preeminent disciple nurse Nancy Salzman who is called “Prefect” seem to have no problem wasting money in a hopeless effort to somehow circumvent the First Amendment.

But maybe the dynamic duo doesn’t care since it’s likely that the funding for their legal crusade comes largely from devoted students.

Douglas Brooks of Massachusetts and Thomas Gleason of Albany, New York represent RI and Dr. Paul Martin pro bono.

University professor Dr. John Hochman has been provided legal representation by the University of California in Los Angeles.

Attorney Douglas Brooks with help from the nonprofit organization Public Citizen prepared the response to NXIVM’s appeal to the Supreme Court.

Now NXIVM faces a motion to dismiss its entire lawsuit before a federal judge in Albany.

Attorney Thomas Gleason will appear in that court proceeding.

No doubt Mr. Raniere and Ms. Salzman will keep swinging hoping somehow to improve upon their terrible legal batting record.

However, more than a few judges have weighed in and it seems like they’re about to call the game.

Nevertheless NXIVM has unintentionally achieved something. It has helped to better legally define freedom of speech on the Internet.

In that regard Mr. Raniere may be more than just a courtroom joke and have finally found for himself some sort of lasting legacy, his court losses may be cited in the future as legal precedents.


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