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Supreme Court of the State of California. Brief Amicus Curiae of the American Psychological Association
Brief Amicus Curiae of the American Psychological Association
Table of Contents
I. THE COERCIVE PERSUASION THEORY THAT PLAINTIFFS ADVANCE IS NOT A MEANINGFUL SCIENTIFIC CONCEPT AND PROFFERED EXPERT TESTIMONY IN SUPPORT OF THIS THEORY WAS PROPERLY EXCLUDED
II. RECOGNITION OF THE COERCIVE PERSUASION THEORY PLAINTIFFS ADVANCE WOULD VIOLATE THE FIRST AMENDMENT AND UNDERMINE BASIC ASSUMPTIONS OF THE LEGAL SYSTEM
TABLE OF AUTHORITIES
MISCELLANEOUS:
INTEREST OF AMICI
INTRODUCTION AND SUMMARY OF ARGUMENT
ARGUMENT
I. THE COERCIVE PERSUASION THEORY THAT PLAINTIFFS ADVANCE IS NOT A MEANINGFUL SCIENTIFIC CONCEPT, AND PROFFERED EXPERT TESTIMONY IN SUPPORT OF THAT THEORY WAS PROPERLY EXCLUDED
1. The Legal Standard
2. The Scientific Standard.=
B. The Theory of Coercive Persuasion Plaintiffs Advance Is Not Accepted in the Scientific Community. 1. The Conclusions of Drs. Singer and Benson Are Not Recognized As Scientitic Conclusions in the Relevant Professional Communities
2. Plaintiffs' Theory of Coercive Persuasion Is Not Generally Accepted in the Relevant Professional Literature
C. The Methodology of Drs. Singer and Benson Has Been Repudiated by the Scientific Community
1. The data on Which Drs. Singer and Benson Rely Is Undocumented and Unverifiable
2. The Sources of Information on Which Drs. Singer and Benson Rely Are Not Impartial
3. Drs. Singer and Benson Have Not Shown That the Harms They Claim To Have Found in Former Church Members Were Caused by Affiliation with the Church
II. RECOGNITION OF THE COERCIVE PERSUASION THEORY PLAINTIFFS ADVANCE WOULD VIOLATE THE FIRST AMENDMENT AND UNDERMINE BASIC ASSUMPTIONS OF THE LEGAL SYSTEM. A. Imposition Of Tort Liability Under These Circumstances Would Violate The Free Exercise Clause of The First Amendment
B. Plaintiffs' Theory of Coercive Persuasion Cannot Be Reconciled With Basic Assumptions Of The Legal System
CONCLUSION
Footnote
