The Church of Scientology of California v. Elliot Richardson

This appeal involves an alleged deprivation of rights protected by the United States Constitution and the Civil Rights Act of 1964 ( 42 U.S.C. §§ 1981 , 1983).

Appellant is a California non-profit corporation, organized for the ostensible purpose of disseminating religious doctrine known as “Scientology.” The “Hubbard E-meter” is an instrument that is allegedly essential to the practice of Scientology. The E-meter is manufactured in the United Kingdom and is, in fact, a simple skin galvanometer that crudely measures changes in electrical resistance in the human body. The Food and Drug Administration refused to allow the inportation of E-meters because they were deemed to be “devices” ( 21 U.S.C. § 321 (h)) that appeared to be “misbranded” in that they did not bear adequate instructions for use ( 21 U.S.C. § 352 (f) (1)). The refusal was based, inter alia, on a successful condemnation action against certain E-meters in the District Court for the District of Columbia [United States v. An Article of Device . . . E-meter (D.C.Civ.No. DC1-1963 (1967))]. The E-meters here in question were seized and detained by Post Office and Customs officials on the ground that they were in violation…