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Lawsuits The Satanic Temple

“Wait, why is The Satanic Temple suing you?”

Part IV

TST’s “competitor organizations” conspiracy fantasy

The initial complaint was catalyzed specifically by the so-called “hacking” of the TST-WA Facebook page (a.k.a. “the Chapter page”).

TST has never been able to show the involvement of any of the other three people it sued, and conspicuously, repeatedly refused to even try to do so, but it still needed something to point at to make it sound more plausible that this wasn’t just a case of TST retaliating for direct and substantive criticism against itself by one person.

And so, presumably in order to a.) justify targeting other people with a theoretically endless number of allegations, b.) make that targeting harder and more expensive to defend against, and c.) maximize the hypothetical damages they might be awarded, TST decided that the most convenient rationale was to argue that we had all conspired to form a “competitor organization” with the purpose of harming TST and diverting its profit to this theoretical organization instead.

Now, this is bullshit spun out of whole cloth. The Satanic Temple was given multiple opportunities over more than three years to submit even a shred of evidence that would plausibly suggest that the court should believe such an organization exists at all, and yet TST has never done so.

Similarly, there is not a shred of evidence to support the idea that we colluded to form such an organization because no such agreement was ever made. The burden of proof is on the Temple to demonstrate this, and they have never risen to meet it. But TST needs it there in order to connect every otherwise disconnected allegation and defendant that TST has decided to include in its filings over the last three years.

There are probably dozens of Satanist groups around the United States. As far as we know, none of them have ever been sued for being founded or sustained by ex-TST members. None of them have ever had a dollar value put on the head of each person in its membership, and then had the sum of those dollars held up as a legally-actionable “loss” by virtue of their not being members of TST instead.

TST never even attempted to substantiate the allegation of a “competitor organization” until it filed its amended complaint in March 2021. In other words, TST waited until after each side had written multiple briefs and after the judge had issued his first ruling, to even pretend that it had a factual basis for a “competitor organization.”

As part of their revised complaint, one of their exhibits is defendant Nathan Sullivan’s own Facebook post trying to process his removal as he understood it. Because from his end, he — a founding member of TST Seattle — had just had his religious community of nearly six years ripped away without warning, notice, or any real chance to speak on his behalf within it. He even said as much in the post they included as evidence.

As an aside, we can’t overstate how bitterly amusing it is to see a “religious organization” voluntarily include a post where we accuse it of repeatedly mishandling sexual abuse reports at the local level, reports that we only discovered in the aftermath, by other ex-members coming forward.

I’ve been fielding messages from the general membership for the last day or so, asking what the fuck is going on.

You know what the fucking gross thing is?

There are multiple people who have since come forward, telling me about reports they’ve made of sexual harassment within TST-WA. They didn’t report them to me, a glorified middle-manager, and that is absolutely both their right and the right decision. They entrusted it directly to the top leadership, leadership who is empowered by our national coordinators to act quickly and unilaterally in a crisis…who sat by as the perpetrators continued to attend meetings in, as far as the rest of us knew, good standing. … These people WERE members in good standing — up until the point they realized their reports would never be taken seriously, at which point they became former members to whom TST-WA defaults to owing nothing: not the empathy in the First Tenet, not the struggle for justice of the Second, nor the nobility of action and thought of the Seventh.

Excerpt from Nathan Sullivan Facebook post, March 15, 2020

But ultimately, The Satanic Temple focuses on this exchange to support their allegation of a rival organization — again, in an actual federal court document:

[redacted name] But the question is, will you found an actual organization The Satanic Temple 2: Electric Boogaloo?
The Satanic Temple 2: The Second one?
S2: The Mighty Satanists?

Nathan Von Sullivan: Satanism Reloaded actually

The Temple talks a lot about how it values beliefs being informed by available evidence, but that comment is the sole basis for the idea that “TST 2: Electric Boogaloo” actually exists and harms them: a throwaway comment by someone 1400 miles away, who isn’t even a defendant, who has never been involved with TST in the first place, being contradicted directly by that defendant.

78. Defendants were aware that the social media accounts had an economic value to TST. The social media accounts were the primary means for TST to communicate with the general public and TST’s supporters and Defendants personally used those social media accounts for the purpose of assisting TST in creating the kind of communications that help to foster the kind of relationship which results in charitable donations to support TST’s organizational purposes. By depriving TST of its social media accounts, Defendants intended to diminish those donations and divert donations to their competitor organization, provisionally named “The Satanic Temple 2: Electric Boogaloo.” Exhibit 5 at p. 4.

If anything makes it clear that this is a SLAPP suit where merits don’t matter, it should be a religion claiming to be threatened by a nigh-40-year-old movie reference.

They put this on the federal record, right next to their tenets about how great they think reason and evidence are.

111. Defendants’ competitor organization, which was provisionally entitled “The Satanic Temple 2: Electric Boogaloo” and “Satanic Washington — Archived Temple Chapter” had a likelihood of impairing the distinctiveness of TST as a famous mark. To-wit:
(1) “The Satanic Temple 2: Electric Boogaloo” directly copies “The Satanic Temple;” and “Satanic Washington — Archived Temple Chapter” (emphasis added) directly suggests that the Washington Chapter has been replaced by Defendants’ competitor organization.
(2) TST has an inherently distinctive mark because there is only one “The Satanic Temple,” Plaintiff, which has acquired distinctiveness as a mark through years of effort.
(3) There is only one “The Satanic Temple” because TST jealously guards its intellectual property rights

As of April 2023, TST is now also suing us in state court, and still insists that there is a competitor organization called “The Satanic Temple 2: Electric Boogaloo” running around collecting imaginary profits that TST supposedly had dibs on. Absolutely pathetic.

By the way, keep that last clause in mind — their claim that there is “only one The Satanic Temple” — because it’s not really true.

And we’re going to come back to why towards the end.

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