General fitness, health and nutrition · Public discussion

Zzz Quackwatch Quacks

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General fitness, health and nutrition
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16 December 2003
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Dave
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  1. Stephen Barrett: CEASE AND DESIST ORDER, AND DEMAND FOR SATISFACTION... October 24th, 2003

    Stephen Barrett:

    On October 15th, 2003, the California Appeals Court District #1, in the case titled "Barrett vs.
    Rosenthal," issued an OPINION which clearly states "the facts as to Barrett and Grell, who were
    not defamed"

    I hereby ORDER YOU to remove all information about Tim Bolen, Jan Bolen, or JuriMed, from any
    publication you own, or is under your control. You have made statements about all of these which are
    NOT TRUE, DEFAMATORY, and INJURIOUS TO ME, AND MY BUSINESS INTERESTS. Both the trial court and the
    California Appeals Court have verified my concerns.

    (1) I hereby DEMAND that you replace any, and all, messages, or publications currently under your
    control, mentioning my name, or any of the names listed above, with a message of my choice -
    as follows:

    "I, Stephen Barrett,have made certain claims of falsehood, defamation, libel, conspiracy and
    criminal acts against Tim Bolen, a well known Consumer Advocate and leader in the North American
    Health Freedom Movement. Mr. Bolen also, separately owns and runs a business, with his wife Jan,
    called JuriMed - Public Relations & Research Group. I sued Mr. & Mrs. Bolen, and others, on the
    above matters, in a California court - and lost. I then appealed the decision to the California
    Appeals court 1st District - and LOST again. The courts decided against me, and pointed out that Mr.
    Bolen, in his commentaries, was completely within his rights, as an American, to voice his opinion.
    I published my claims on several websites. My claims have been found to be without merit."

    (2) I hereby DEMAND that you DISMISS all lawsuits against me or mine in regard to this matter,
    forthwith.

    (3) I hereby DEMAND that you DISMISS any, and all, lawsuits, and/or actions filed against those that
    published my articles, forthwith.

    (4) I hereby DEMAND that you submit to a physical and mental evaluation by health professionals of
    my choice. You will follow their recommendations and treatment choices.

    My legal representatives will let you know what else I require.

    You have 96 hours to comply.

    WHAT THE COURT SAID...

    To whit: "The trial court's conclusion that respondent's allegedly libelous statements were
    protected by the anti-SLAPP statute explicitly rested on subdivisions (e)(3) and (e)(4) of section
    425.16, which declare that " 'an act in furtherance of a person's right of petition or free speech
    under the United States or California Constitution in connection with a public issue' includes . . .
    (3) any written or oral statement or writing made in a place open to the public or a public forum in
    connection with an issue of public interest; (4) or any other conduct in furtherance of the exercise
    of the constitutional right of petition or the constitutional right of free speech in connection
    with a public issue or an issue of public interest." The order granting the motion to strike focused
    upon the public nature of the issue the parties disputed and to which Rosenthal's allegedly libelous
    statements related: "the validity or invalidity of alternative medicine." The court determined that
    this was "a highly controversial matter which is of significant public importance and interest,
    affecting the health of millions of people involving billions of dollars." Appellants do not
    challenge this determination. Implicitly conceding Rosenthal's statements relate to "an issue of
    public interest," they instead contend that the Internet sites on which Rosenthal posted her
    statements were not "a place open to the public or a public forum," as the trial court assumed, and
    Rosenthal therefore did not post the statements allegedly defaming appellants in furtherance of her
    right of free speech. This novel contention is difficult to take seriously."

    I've met some DUMB people in my life, Barrett, but the EXTRA-DUMB argument you put forward to the
    Appeals Court, stating that the internet was not "a place open to the public or a public forum," has
    got to get an award. I loved the Appeals Court's comment about your argument - "This novel
    contention is difficult to take seriously." Even Judges openly laugh at you...

    YOUR BEHAVIOR IN THIS CASE...

    Throughout this case, and in your publications, where you allege "Defamation" you have FAILED to
    produce ANY EVIDENCE of said defamation - except for YOUR OWN dubious statements and
    "interpretations" of my words and commentaries, EVEN WHEN WE LEGALLY DEMANDED THAT YOU DO SO. You
    did this, I believe, to subject me, my wife, my business, and my standing as a Consumer Advocate, to
    the hatred, abuse, contempt, or ridicule, of others.

    On your website, quackwatch.com, which claims "millions of hits," you have consistently maligned me,
    and my wife of 38 years. On your web address "quackwatch.orgbolen.html" titled "A
    Response to Tim Bolen," you accuse me, and others, of a criminal act (fraud) when you claim that
    world renowned health humanitarian Hulda Regehr Clark PhD, Naturopath, myself, and others, are
    engaging in promoting "false ideas." You make numerous statements beyond this, for none of which you
    offer any proof. Indeed, you you have FAILED to produce ANY EVIDENCE of said actions - except for
    YOUR OWN dubious statements, EVEN WHEN WE LEGALLY DEMANDED THAT YOU DO SO. You did this, I believe,
    to subject me, my wife, my business, and my standing as a Consumer Advocate, to the hatred, abuse,
    contempt, or ridicule, of others.

    You have provided information, for public consumption, on the quackwatch website, and others,
    which has NOT WITHSTOOD THE TEST OF A COURTROOM. You did this, I believe, to subject me, my wife,
    my business, and my standing as a Consumer Advocate, to the hatred, abuse, contempt, or ridicule,
    of others.

    In this so-called "Defamation" case you posted the case on your website, and never legally served
    me, until I DEMANDED service, knowing, I believe, YOU NEVER HAD A CASE FOR DEFAMATION. You inferred
    to the public that I "was hiding," when in fact, my legal address for service was on the first page
    of the first exhibit all of the time. You knew my address when you filed the case. You simply, I
    believe, didn't want to PUBLICLY GET YOUR ASS QUICKLY KICKED IN COURT - like what DID happen. You
    did this, I believe, to subject me, my wife, my business, and my standing as a Consumer Advocate, to
    the hatred, abuse, contempt, or ridicule, of others.

    LAST, BUT NOT LEAST...

    You should be ashamed of yourself, Stevie. For years you've made your wife support you while you
    engaged in your anti-health follies. Your message about yourself, and your relationship with health
    care, to me, is transparent. You are simply a man who had ambitions, and was unable to achieve them.
    So in revenge, apparently, to a society who you seem to revile for their rejection of your hopes,
    you attack "real" heroes in the health world - like Research Scientist Hulda Regehr Clark, two-time
    Nobel prize winner Linus Pauling, and a host of others.

    You wanted to be known as a "Psychiatrist," but you couldn't pass the written test - so all you
    could find was part time work, and not much of that. You wanted to be an "MD" but you couldn't
    generate enough business to pay the malpractice insurance premiums.

    Is your wife, who is now retired, paying your legal fees? According to your courtroom statements,
    you haven't made enough money in the last few years to buy a decent new car, much less pay for all
    the cases you are involved in. Are you draining your wife's retirement income with these ego-related
    court cases?

    I don't know how you can hold your head up in public.

    Tim Bolen

  2. BWHAHAHAHAHAHAHA!

    Dave is posting Bolen's flatulence.

    "Dave" <[email hidden]> wrote in message "]news:[email hidden]...

    Quoted message said:

    Stephen Barrett: CEASE AND DESIST ORDER, AND DEMAND FOR SATISFACTION... October 24th, 2003

    Stephen Barrett:

    On October 15th, 2003, the California Appeals Court District #1, in the


    case

    Quoted message said:

    titled "Barrett vs. Rosenthal," issued an OPINION which clearly states


    "the

    Quoted message said:

    facts as to Barrett and Grell, who were not defamed"

    I hereby ORDER YOU to remove all information about Tim Bolen, Jan Bolen,


    or

    Quoted message said:

    JuriMed, from any publication you own, or is under your control. You have made statements about
    all of these which are NOT TRUE, DEFAMATORY, and INJURIOUS TO ME, AND MY BUSINESS INTERESTS. Both
    the trial court and the California Appeals Court have verified my concerns.

    (1) I hereby DEMAND that you replace any, and all, messages, or


    publications

    Quoted message said:

    currently under your control, mentioning my name, or any of the names


    listed

    Quoted message said:

    above, with a message of my choice - as follows:

    "I, Stephen Barrett,have made certain claims of falsehood, defamation, libel, conspiracy and
    criminal acts against Tim Bolen, a well known


    Consumer

    Quoted message said:

    Advocate and leader in the North American Health Freedom Movement. Mr.


    Bolen

    Quoted message said:

    also, separately owns and runs a business, with his wife Jan, called JuriMed - Public Relations &
    Research Group. I sued Mr. & Mrs. Bolen, and others, on the above matters, in a California court -
    and lost. I then appealed the decision to the California Appeals court 1st District - and LOST
    again. The courts decided against me, and pointed out that Mr. Bolen, in his commentaries, was
    completely within his rights, as an American, to voice his opinion. I published my claims on
    several websites. My claims


    have

    Quoted message said:

    been found to be without merit."

    (2) I hereby DEMAND that you DISMISS all lawsuits against me or mine in regard to this matter,
    forthwith.

    (3) I hereby DEMAND that you DISMISS any, and all, lawsuits, and/or


    actions

    Quoted message said:

    filed against those that published my articles, forthwith.

    (4) I hereby DEMAND that you submit to a physical and mental evaluation by health professionals of
    my choice. You will follow their recommendations


    and

    Quoted message said:

    treatment choices.

    My legal representatives will let you know what else I require.

    You have 96 hours to comply.

    WHAT THE COURT SAID...

    To whit: "The trial court's conclusion that respondent's allegedly


    libelous

    Quoted message said:

    statements were protected by the anti-SLAPP statute explicitly rested on subdivisions (e)(3) and
    (e)(4) of section 425.16, which declare that " 'an act in furtherance of a person's right of
    petition or free speech under


    the

    Quoted message said:

    United States or California Constitution in connection with a public


    issue'

    Quoted message said:

    includes . . . (3) any written or oral statement or writing made in a


    place

    Quoted message said:

    open to the public or a public forum in connection with an issue of public interest; (4) or any
    other conduct in furtherance of the exercise of the constitutional right of petition or the
    constitutional right of free


    speech

    Quoted message said:

    in connection with a public issue or an issue of public interest." The


    order

    Quoted message said:

    granting the motion to strike focused upon the public nature of the issue the parties disputed and
    to which Rosenthal's allegedly libelous


    statements

    Quoted message said:

    related: "the validity or invalidity of alternative medicine." The court determined that this was
    "a highly controversial matter which is of significant public importance and interest, affecting
    the health of


    millions

    Quoted message said:

    of people involving billions of dollars." Appellants do not challenge this determination.
    Implicitly conceding Rosenthal's statements relate to "an issue of public interest," they instead
    contend that the Internet sites on which Rosenthal posted her statements were not "a place open to
    the public or a public forum," as the trial court assumed, and Rosenthal therefore


    did

    Quoted message said:

    not post the statements allegedly defaming appellants in furtherance of


    her

    Quoted message said:

    right of free speech. This novel contention is difficult to take


    seriously."

    Quoted message said:


    I've met some DUMB people in my life, Barrett, but the EXTRA-DUMB argument you put forward to the
    Appeals Court, stating that the internet was not "a place open to the public or a public forum,"
    has got to get an award. I loved the Appeals Court's comment about your argument - "This novel
    contention is difficult to take seriously." Even Judges openly laugh at you...

    YOUR BEHAVIOR IN THIS CASE...

    Throughout this case, and in your publications, where you allege "Defamation" you have FAILED to
    produce ANY EVIDENCE of said defamation - except for YOUR OWN dubious statements and
    "interpretations" of my words


    and

    Quoted message said:

    commentaries, EVEN WHEN WE LEGALLY DEMANDED THAT YOU DO SO. You did this,


    I

    Quoted message said:

    believe, to subject me, my wife, my business, and my standing as a


    Consumer

    Quoted message said:

    Advocate, to the hatred, abuse, contempt, or ridicule, of others.

    On your website, quackwatch.com, which claims "millions of hits," you have consistently maligned
    me, and my wife of 38 years. On your web address "quackwatch.orgbolen.html"
    titled "A Response to Tim Bolen," you accuse me, and others, of a criminal act (fraud) when you


    claim

    Quoted message said:

    that world renowned health humanitarian Hulda Regehr Clark PhD,


    Naturopath,

    Quoted message said:

    myself, and others, are engaging in promoting "false ideas." You make numerous statements beyond
    this, for none of which you offer any proof. Indeed, you you have FAILED to produce ANY EVIDENCE
    of said actions -


    except

    Quoted message said:

    for YOUR OWN dubious statements, EVEN WHEN WE LEGALLY DEMANDED THAT YOU DO SO. You did this, I
    believe, to subject me, my wife, my business, and my standing as a Consumer Advocate, to the
    hatred, abuse, contempt, or ridicule, of others.

    You have provided information, for public consumption, on the quackwatch website, and others,
    which has NOT WITHSTOOD THE TEST OF A COURTROOM. You did this, I believe, to subject me, my wife,
    my business, and my standing


    as

    Quoted message said:

    a Consumer Advocate, to the hatred, abuse, contempt, or ridicule, of


    others.

    Quoted message said:


    In this so-called "Defamation" case you posted the case on your website,


    and

    Quoted message said:

    never legally served me, until I DEMANDED service, knowing, I believe, YOU NEVER HAD A CASE FOR
    DEFAMATION. You inferred to the public that I "was hiding," when in fact, my legal address for
    service was on the first page


    of

    Quoted message said:

    the first exhibit all of the time. You knew my address when you filed the case. You simply, I
    believe, didn't want to PUBLICLY GET YOUR ASS QUICKLY KICKED IN COURT - like what DID happen. You
    did this, I believe, to


    subject

    Quoted message said:

    me, my wife, my business, and my standing as a Consumer Advocate, to the hatred, abuse, contempt,
    or ridicule, of others.

    LAST, BUT NOT LEAST...

    You should be ashamed of yourself, Stevie. For years you've made your wife support you while you
    engaged in your anti-health follies. Your message about yourself, and your relationship with
    health care, to me, is transparent. You are simply a man who had ambitions, and was unable to
    achieve them. So in revenge, apparently, to a society who you seem to


    revile

    Quoted message said:

    for their rejection of your hopes, you attack "real" heroes in the health world - like Research
    Scientist Hulda Regehr Clark, two-time Nobel prize winner Linus Pauling, and a host of others.

    You wanted to be known as a "Psychiatrist," but you couldn't pass the written test - so all you
    could find was part time work, and not much of that. You wanted to be an "MD" but you couldn't
    generate enough business


    to

    Quoted message said:

    pay the malpractice insurance premiums.

    Is your wife, who is now retired, paying your legal fees? According to


    your

    Quoted message said:

    courtroom statements, you haven't made enough money in the last few years


    to

    Quoted message said:

    buy a decent new car, much less pay for all the cases you are involved in. Are you draining your
    wife's retirement income with these ego-related


    court

    Quoted message said:

    cases?

    I don't know how you can hold your head up in public.

    Tim Bolen

  3. In article <[email hidden]>,

    Dave said:

    Stephen Barrett: CEASE AND DESIST ORDER, AND DEMAND FOR SATISFACTION... October 24th, 2003

    "Order?" "Demand?" Hahahaha. I just *love* this. OK, Bolen doesn't realize how funny he's being, but
    I am irresistably reminded of a bunch of 8-year-olds: "I call this!" "Well, I *demand* that!" "Well,
    I double-demand this!" etc etc etc.

    Typical schoolyard stuff, and about as meaningful as Bolen. More meaningful, actually, as the kids
    usually manage to work it out, whereas "consumer advocate" [hahahaha] Bolen never will.

    Stuff like this:

    Quoted message said:

    I hereby ORDER YOU to remove all information about Tim Bolen, Jan Bolen, or JuriMed, from any
    publication you own, or is under your control. You have made statements about all of these which
    are NOT TRUE, DEFAMATORY, and INJURIOUS TO ME, AND MY BUSINESS INTERESTS. Both the trial court and
    the California Appeals Court have verified my concerns.

    Hardly. They agreed that Barrett wasn't defamed by Rosenthal, if I read it right, but they said
    nothing about Barrett's comments about Bolen on Barrett's web site.

    Quoted message said:

    (4) I hereby DEMAND that you submit to a physical and mental evaluation by health professionals of
    my choice. You will follow their recommendations and treatment choices.

    I think Bolen should go first on this one. They can start with a rabies shot.

    Quoted message said:

    Throughout this case, and in your publications, where you allege "Defamation" you have FAILED to
    produce ANY EVIDENCE of said defamation - except for YOUR OWN dubious statements and
    "interpretations" of my words and commentaries, EVEN WHEN WE LEGALLY DEMANDED THAT YOU DO SO. You
    did this, I believe, to subject me, my wife, my business, and my standing as a Consumer Advocate,
    to the hatred, abuse, contempt, or ridicule, of others.

    A waste of time on Barrett's part, I agree, since Bolen is his own worst enemy and will draw almost
    unlimited contempt, abuse, and ridicule just in response to his own preposterous writings, which he
    posts here (on m.h.a) himself at times.

    Quoted message said:

    You did this, I believe, to subject me, my wife, my business, and my standing as a Consumer
    Advocate, to the hatred, abuse, contempt, or ridicule, of others.

    Bolen has no standing as a Consumer Advocate; he's a paid shill for Hulda Clark, and not acting in
    the public interest.

    Sounds like Barrett's case was thrown out because it was too much "my feelings are hurt." Now Bolen
    has the same problem, but thinks his case is valid.

    Quoted message said:

    You should be ashamed of yourself, Stevie.

    Same to you, Timmie.

    Quoted message said:

    So in revenge, apparently, to a society who you seem to revile for their rejection of your hopes,
    you attack "real" heroes in the health world - like Research Scientist Hulda Regehr Clark, two-time
    Nobel prize winner Linus Pauling, and a host of others.

    Hulda Clark is a "Research Scientist" (as far as the zapper etc are concerned) to the same high
    level as a cocker spaniel, although a cocker is much cuter and more fun to have around.

    Quoted message said:

    You wanted to be known as a "Psychiatrist," but you couldn't pass the written test - so all you
    could find was part time work, and not much of that. You wanted to be an "MD" but you couldn't
    generate enough business to pay the malpractice insurance premiums.

    One wonders if this is libelous.

    Quoted message said:

    I don't know how you can hold your head up in public.

    Pot, kettle, black.

    Thanks, Spammin' Dave, for my daily amusement.

    -- David Wright :: alphabeta at prodigy.net These are my opinions only, but they're almost always
    correct. "If I have not seen as far as others, it is because giants were standing on my
    shoulders." (Hal Abelson, MIT)

  4. Dave said:

    Stephen Barrett: CEASE AND DESIST ORDER, AND DEMAND FOR SATISFACTION... October 24th, 2003

    <snip mad [censored]>

    How are the ambush plans going, Tim? Are there any places I should avoid when I come to the US
    in January.

    I will be passing through San Juan Capistrano on my way to vomit outside Hulda's Tijuana fraud and
    theft clinic. Perhaps I could drop into your mailbox for a coffee?

    --
    Peter Bowditch
    The Millenium Project ratbags.comrsoles
    The Green Light ratbags.comgreenlight
    and The New Improved Quintessence of the Loon with added Vitamins and C-Q10 ratbags.comloon
    To email me use my first name only at ratbags.com

  5. In article <[email hidden]>,

    (David Wright) said:

    In article <[email hidden]>, Dave <[email hidden]> wrote (quoting
    Tim Bolen):

    Quoted message said:
    Quoted message said:

    So in revenge, apparently, to a society who you seem to revile for their rejection of your hopes,
    you attack "real" heroes in the health world - like Research Scientist Hulda Regehr Clark, two-
    time Nobel prize winner Linus Pauling, and a host of others.

    Hulda Clark is a "Research Scientist" (as far as the zapper etc are concerned) to the same high
    level as a cocker spaniel, although a cocker is much cuter and more fun to have around.

    Indeed. Hulda is perhaps the biggest quack around these days, although unfortunately there is much
    competition for that dubious distinction. Linus Pauling may have been a great physicist and a fine
    humanitarian, but unfortunately in his later life he was a lousy biologist, at least when it came to
    his claims for vitamin C. He was living proof that great expertise in one area of science does not
    necessarily translate into other areas.

    Quoted message said:
    Quoted message said:

    You wanted to be known as a "Psychiatrist," but you couldn't pass the written test - so all you
    could find was part time work, and not much of that. You wanted to be an "MD" but you couldn't
    generate enough business to pay the malpractice insurance premiums.

    One wonders if this is libelous.

    It sure sounds libelous to me--reinforcing my impression of Bolen's double standard. He's quick to
    yell "libel" if anyone criticizes him or those he supports, but doesn't seem to have a problem
    writing potentially libelous things himself--like the above. Of course, he'll never produce a shred
    of convincing evidence that any of the above assertions about Barrett are true. He also probably
    knows that such assertions posted to a Usenet forum are unlikely to produce any actionable damage to
    Barrett's reputation worth pursuing a legal remedy for.

    --
    Orac |"A statement of fact cannot be insolent."
    |
    |"If you cannot listen to the answers, why do you inconvenience me with questions?"

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