Scott

Order; Concurrencé by Judge SCHROEDER; Dissent'by Judge KOZINSKI.

ORDER

The majority of the panel has voted to deny the petition for rehearing. Judge Schwarzer votes to grant the petition. Judge Schroeder votes to reject the suggestion for rehearing en banc and Judge Beezer so recommends.

*1248 The full court was advised of the suggestion for rehearing en banc. An active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration.

Pursuant to Rule 35(b) of the Federal Rules of Appellate Procedure, the petition for rehearing is DENIED and the suggestion for rehearing en bane is REJECTED.

Appellee’s motion to vacate this court’s October 27, 1997 Order staying execution of judgment is granted.

concurring:

I agree fully with Judge Beezer’s opinion and write separately only to emphasize a key fact in this case. In Judge Schwarzer’s dissent, his bread-delivery hypothetical suggests that Landa might have made the referral to Ross on behalf of an anti-cult organization other than CAN. There was, however, no evidence that Landa ever made referrals on behalf of other organizations. Rather, the evidence was sufficient to enable the jury to find that Landa was acting-on behalf of CAN and no other organization when she referred Tonkin to Ross.

This is the case that put the Cult Awareness Network out of business and silenced its message. It is a bitter object lesson in the dangers of ignoring the Supreme Court’s pronouncement in NAACP v. Claiborne Hardware Co., 458 U.S. 886 , 102 S.Ct. 3409 , 73 L.Ed.2d 1215 (1982).

Plaintiffs mother, Kathy Tonkin, sought help in extricating three of her sons from the Life Tabernacle Church. Her eldest son Jason Scott, an adult, was brought into involuntary contact with Rick Ross through the following chain of events: (1) Tonkin contacted (2) the Seattle Community Service hotline, which referred her to (3) Parent Awareness, a local anti-cult…