Friday, 27 April 2018

Rev Matt Hale(Civil Case)... Motion to Judge Krieger to Deny Defendant's Costs

To read the document in it's entirety...........  
FREE MATT HALE Site..( will post link when becomes available)

Quotes from Rev Hale contained in the document............

" Plaintiff is an indigent prisoner with no money to dispose of of  his own. Defendant is an agency of the Federal Government with countless billions at it's disposal. The Defendant does not need any money from the Plaintiff. " 

" I have no regular source of income of my own, nor am I allowed to work for money at ADX." 

" The Defendant should not be able to have it both ways, forcing me to pay the "costs" while stopping me from raising any money at the same time. To say that would be unfair would be an understatement. " 

" Allowing the Defendant it's costs would chill prisoners from brining civil rights actions in the future. " 

" While this court ruled that Creativity is not a religion at all, it is undeniable that Plaintiff thinks and thought otherwise and that religious freedom is indeed  within the rubric of "Civil rights"  " 

" Indeed, even the supreme court has not articulated what is, and what is not, a "religion" for the purposes of the Free Exercise Clause. " 

"  Hundreds if not thousands of Creators were watching closely what happened here since their own religious liberties were likewise at issue and that, in itself, meets the definition of "substantial public importance" 




              


Tuesday, 10 April 2018

Rev Matt Hale(Civil Case)...Notice of Appeal

In the United States District Court for the District of Colorado.

Civil Action No 14-CV-00245-MSK-MJW 

Rev Matt Hale
Plaintiff


V

Federal Bureau of Prisons
Defendant 

                             NOTICE OF APPEAL


Notice is herby given that Reverend Matt Hale, Plaintiff in the above named case, herby appeals to the United States Court of Appeals for the tenth circuit from the final judgement entered in this action on the 29th day of March 2018. 
Rev Matt Hale(Civil Case)...Opinion and Order on Motion for Summary Judgment

Respectfully, Submitted,

Rev Matt Hale

April 3, 2018

Rev Matt Hale
#15177-424
U.S.P MAX
P.O BOX 8500
Florence Colorado
81226-8500




      
  













Rev Matt Hale(Civil Case)... Motion to Judge Krieger.....

MOTION TO JUDGE KRIEGER FOR AN IMMEDIATE INJUNCTION BARRING DEFENDANT FROM CONTINUING TO PUNISH PLAINTIFF AND BAN PLAINTIFF'S CORRESPONDENCE  ON PURELY RELIGIOUSLY OR IDEOLOGICALLY DISCRIMINATORYGROUNDS.........

*****************************************************************************

Friends and Supporters: Matt didn't know that the court  had ruled in favor of the BOP (Summary Judgment) and closed the cased on March 29th.
Rev Matt Hale(Civil Case) Opinion and Order on Motion for Summary Judgment

Matt filed this document on April 1st, not knowing that Krieger had already ruled in the case. Sad! Matt is suffering at the hands of the real criminals.
 
Ms. H
 
 
*********************************************************************
 
 
To read the document in it's entirety............
 
 
Some Quotes from Rev Hale contained in the document.........
 
 
" It is with considerable reluctance that I file this motion at this time: after all, the Defendant's (frivolous)  motion for Summary Judgment is currently pending, that motion could be properly disposed of soon, and the case could proceed to trial in the relatively near future. "
 
" I have been punished for supposed "Gang activity" for merely trying to send out sermons to my fellow religious believers. "
 
" Rather, I have the same right under the first amendment and the Religious Freedom Restoration Act "(R.F.R.A)" to be free from mistreatment and persecution on religious grounds as anybody else "
 
" I therefore should not have to wait for the trial to end this constant terrorism that is being inflicted on me, my family, and fellow adherents by the Defendant's employee's "
 
" That the Defendant and it's employee's be enjoined from punishing the Plaintiff in any way for merely participating in his asserted church, religion, ministry, or ideology within his correspondence."
 
" Notably, even if Creativity were not a religion, the Defendant still loses because the expression of an ideology is likewise protected by the first amendment. "
 
SUBMITTED APRIL 01 2018......
 
 
            

Monday, 9 April 2018

It's Time for a Closer Look at E.T.E.F ....By Ben Klassen

Everyday now as we read the papers and look at the news, the crime, anarchy and number of killings seem to escalate. Hardly a day passes but we read "Israelis kill two Arabs, wound 18," or rape and murder in Central Park, or revolution and bloodshed in just about any part of the world. Lets face it, the Jews have stirred up turmoil and warfare in just about any and every part of the world, and the White Race in the United States is their main target for destruction.
Last week (May 6) the Iranian Parliamentary speaker Hashemi Rafsanjani had had enough of this Jewish terrorism and openly called for a worldwide campaign of terror against Americans and Westerners (he meant Jews). Leaning on an AK-47 assault rifle, he announced that the only way to stop Israeli terrorism was to kill five of the enemy for every Palestinian killed. Mr. Rafsanjani, acting commander in chief of the Iranian armed forces, was interrupted by thousands of Shiite worshipers who chanted "Death to Israel!" The Shiite and other Moslems are pursuing a holy war against Israel and the Jews, a war they call the JIHAD. In fact, the Jews have committed so many atrocities over the centuries, the whole world now hates the Jews, and the time is rapidly approaching when the Jews will pay in blood – their blood.
 
Although the Iranians are no friend of ours, we Creators, in fact the whole White Race, has the same common enemy, namely the bandit state of Israel, and the whole conspiratorial Jewish tyranny on a worldwide basis. We, too, have our holy war against them, and we call it RAHOWA! RAcial HOly WAr to the bitter finish!

The United States is now plagued with the largest concentration of Jews in the world – officially six million, but probably many more. Israel ranks second with only four million. Russia, once the world’s No. 1, now ranks a poor third with only 2.6 million.

So there we have it. This is the Jews’ oyster and the center of their powerhouse. They have monopolized and harnessed the tremendous productivity of the White American worker to enslave the world and destroy the White Race. Knowing that America is the key to their sinister program, they are tightening the screws daily, imprisoning good productive, (but independent) Americans like Rudy Stanko, torturing them on a daily basis in order to break their spirit. His and our civil, religious and constitutional rights are being violated repeatedly and justice as such for the White Man in America is a daily sham. It has taken us months and repeated efforts to so much as get our White Man’s Bible into Rudy’s hands, and this only after a Federal Judge issued a court order.


We Creators are law abiding citizens. Nine years ago I wrote Creative Credo No. 64 – "Law and Order vs. Violence, Terrorism and Self-Preservation." In it I stated clearly that we will and are determined to abide by legal methods and obey the law of the land. However, there comes a time when the government itself becomes the foremost criminal, the cruelest of tyrants and the No. 1 enemy of our precious White Race. When that time comes, and it seems to be approaching rapidly, we will declare that we have now exhausted Articles 1 through 6, and we now have no other choice but to invoke Articles 7 and 8, Nature’s Law of Survival of the Species.

When such time comes we should be well prepared. We should now be thinking of what are the most effective ways of carrying out and implementing Articles 7 and 8. We do not want to blunder into such a war recklessly and suffer a 35 to one loss as did the Order when they (presumably) killed one lousy Jew. We want to make sure we proceed with the highest E.T.E.F., that is, Enemy Toll Effectiveness Factor. What is a satisfactory E.T.E.F.? Five of the enemy for one of ours? Ten? Twenty? Fifty? Whatever the factor, we want to make damn sure we inflict the highest losses possible on the enemy, and suffer the least on our side. To do so, we must think, plan ahead, and coordinate our resources. I suggest you start thinking about such scenario now, as to what you can do, and what you will do when we are forced to invoke Articles 7 and 8.


We would like to hear your suggestions and will publish and pass on some of the better ones to our readers and members. Your suggestions will be published anonymously or with your name attached, as you choose, Remember, survival of our species, the precious White Race, is the highest law of Nature and no price is too high, nor Is any sacrifice too great. Whether we like it or not, the enemy is forcing our hand and we are engaged in a Racial Holy War! RAHOWA!

Ben Klassen
Founder, Church of the Creator


 

















ARTICLE TAKEN FROM RACIAL LOYALTY# 51
JUNE 16AC (1989)







Thursday, 5 April 2018

Avenge Dresden (Part Two)....By Ben Klassen



Part Two and Conclusion
Remember the Alamo! But Let Us Make Damn Sure We Avenge Dresden!

In evaluating the horrible slaughter of White people that history has labeled as World War II, we must carefully keep in mind that this murderous and insane tragedy was basically a Jewish war, Instigated by world Jewry, planned by them long in advance, orchestrated by the Kehilla from beginning to the end, and there was only one winner – the Jews. It was not just a war against Germany, but another major step in euchring the White Race to turn on itself and destroy its precious and unique Gene Pool. Indeed, it was for the sole benefit and bloodlust of the pernicious parasite that has fastened itself onto all the Important nerve centers of power throughout the world. We must also keep in mind that World War II, seemingly targeted on the Germans, was a cunning, but another major step in the Jews’ centuries old program of destroying the best first. It was neither the first such step, nor by any means their last, in their long historic program of warfare and genocide against the White Race.

Germany, lying in the heart of Europe, and being revived and unified under the brilliant leadership of Adolf Hitler in the 1930’s, was a major prize, whatever its destiny. It was the most energetic, most advanced and most progressive nation in the world at that time, leading in science, culture and genetic advancement, and under the dynamic leadership of Hitler, could have, and would have, rid the world of its most pervasive and sinister parasite – International Jewry. With it also would have been forever eradicated the Jews’ long standing parasitic debt-based monetary system which now holds the whole world in its clutches.

Germany indeed was a major prize for the White Race, and a prize that had to be smashed if world Jewry was to survive and continue to carry on its long-established plan of undermining the White gene pool, step by step, until ultimately the Jews were in a position of destroying the White Race altogether in one final thunderclap. Let us make no mistake about it – the Jews have worked on their master plan a long time and the destruction of Germany was by no means the first outburst of diabolical hate and destruction against the White Race. If we look down the long corridors of history we find that the Jews were already highly active and organized 3500 years ago in mongrelizing and destroying White Egypt. It was, in fact, Egypt which was the incubation ground of the Jewish racial religion and its ongoing conspiracy. The Jews were instrumental in pulling down the beautiful and creative civilization of Ancient Greece, the finest specimen of humanity in all history. The Jews deliberately set about destroying their unique and irreplaceable gene pool by mongrelization and the Jews brazenly brag about it in their Protocols of 1489. The Jews were the degenerative solvent that disintegrated the virile and robust Roman race and its powerful empire. The Jews held a special hatred for the Romans for being everything the Jews were not, a pathological hatred that was matched only by the Jews’ hatred for the Germans in more modern history. They destroyed the great and admirable Roman gene pool with two major devices – by their lucrative slave trade and by infecting the minds of the Romans with the virulent bacillus of Christianity. Rome, too, came down in ruins, and all of Europe (the White Race) fell into 1300 years of the Dark Ages.

There is one other major maneuver in more recent times in which the outburst of Jewish destruction and hatred for the White Race manifested itself that I want to mention before we get back to Germany. That painful and tragic outrage of wanton destruction, White Men killing White Men, occurred right here in the heart of America some 125 years ago. History has dubbed it as America’s Civil War. It was, in fact, a brutal, insane mass slaughter of Nature’s Finest, inflamed, instigated and directed by Nature’s most virulent parasite – the despicable and repugnant Jew. In this senseless and horrible war White people killed other White people in a mass orgy on a scale that was unparalleled since the Thirty Years War of 1618-48 in the heart of Europe.
Many of the brutal and vicious tactics used on Germany during and after the war were already inflicted on the White people of the South nearly a century earlier in America. The wanton destruction of Sherman’s march through the South, burning Atlanta to the ground, cutting a 60 mile swath eastward to the Atlantic and destroying farms, homes, plantations and cities, and every other basic resource in their path, then turning northward and on into South Carolina, this, too, was an explicit example of Jewish hatred and vengeance against the White Race. In fact, many of the vicious tactics and programs employed against the Germans during and after the war had already been tried and tested against the White Southerners during and after the Civil War. It was indeed a typical demonstration of a long standing Jewish goal – the murder, mutilation and mongrelization of the best of the White Race, whenever they could seize the opportunity.

In the second part of this article I want to focus on the multitude of measures the victorious "Allies" (read White stooges manipulated by Jews) took to ensure the slow strangulation of the German people after the war was over. But before I do so, I want to review the ghastly and wanton destruction of the German cities other than Dresden, and particularly, the massive and unrelenting terror inflicted upon the great German seaport and city of Hamburg.

At this juncture It is necessary to clarify the civilian bombing of cities during this horrendous war. On May 10, 1940, as soon as Churchill (the drunken Jewish stooge) was ushered in as Prime Minister, he announced that the bombing of Germany’s civilian population would commence. At this time Hitler stood at the threshold of victory over the French and British armies, a brilliant victory that six weeks later culminated in the occupation of France and the debacle of the British forces at Dunkirk. Hitler had no designs of vengeance on the British, nor the British Empire and her colonies. In fact, he repeatedly expressed his admiration for both as a measure of respect for the constructive achievements in the realm of colonization and civilization for which the best of the White Race can point with pride. He extended the hand of friendship to Britain and offered a peaceful settlement. But the Jews behind that drunken lout of a Churchill wanted killing – more White people killing White people, and the British R.A.F. commenced the random and wanton bombing of German cities to inflict a maximum of death and destruction among the civilian population. This sadistic and unnecessary pursuit was promulgated and carried out for no other reason than sheer bloodlust – the Jews wanted the White people to kill and destroy as many of Nature’s Finest as they possibly could, for as long as they could, until Europe lay in ruins and utter exhaustion. This decision on the part of Churchill was to cost Britain dearly. The smoldering, blackened ruins of London, Liverpool, Coventry and many other British cities bore silent testimony to this stupid mistake. Let history record, however, that Hitler did not want any extension of this insane slaughter, and he resisted retaliation on British cities for three months after Churchill launched his bombing raids on German cities.

Be that as it may, with the massive production facilities of the American factories and the military might of the United States joining into the fray of White people killing each other, it was Germany who paid the most horrible price in people killed and cities smashed into rubble. As the war escalated, the hate the Jews managed to inflame increased accordingly, and when the war ended in 1945, for every Briton killed by German bombs, nine Germans were killed by "Allied" bombs – a scenario that the Jews had long planned and their goyim stooges carried out with bloodthirsty efficiency.

It is not my purpose here to review the multitude of needless slaughters and massacres of that insane war on behalf of International Jewry. I do, however want to describe, if possible, the horrors of this terrible Jewish Purim as inflicted on the second largest city in Germany, a fate shared not only by Dresden, but practically every city in Germany.

Hamburg was a beautiful Hanseatic city of two million souls. The city straddled the romantic Alster River immortalized by the "Moonlight on the Alster" waltz. Its long, 1000-year history was reduced to a rubble of cinder and ashes as the Jews manipulated the "Allied" forces to implement their long planned "Operation Gomorrah." Does this sound familiar? It should. The Jews lifted it directly out of their fiendish Old Testament. This magnificent old German city, one of the major seaports of Europe, was targeted to die a fiery rain of death and destruction from the skies.
In ten terrible days, from July 24 to August 3, 1943, concentrated and persistent "Allied" bombing reduced to rubble more than 6000 acres of this great city. This consists of an area almost equivalent to ten square miles of densely populated housing. During those ten horrendous days an estimated 100,000 people were murdered to satisfy the Jewish bloodlust. Many more were crippled, maimed and disfigured.
 
The method devised by these fiendish murderers was relatively simple and extremely effective. The first wave of bombers would release thousands of high-explosive bombs on the city. This would keep the population, especially the fire-fighting service, in their shelters. The next wave of bombers coming in rained down a multitude of magnesium bombs setting fire to the city, a large part of which consisted of medieval, half-timbered Elizabethan style houses that had formerly attracted tourists from all over the world. These type of buildings, the destroyers had correctly calculated, would burn readily and offer the most potential victims per square mile.

During those ten days, it has been conservatively estimated that Hamburg was struck by 1200 landmines, 30,000 high explosive bombs, and 3,000,000 stick incendiary bombs. The phosphorous bomb, perhaps the most macabre weapon designed in this category, was dropped especially on the civilian areas of the city. Of these, 80 thousand 100 pound phosphorous bombs were dropped, plus 500 phosphorous canisters and 500 phosphorous incendiaries.

The ensuing firestorm that enveloped the city is impossible to describe as are the scenes of horror in which tens of thousands of people were burned to death. Still the bombers kept coming. The shrieking wind kept feeding the engulfing inferno, a firestorm wind so powerful that huge balks of timber, debris of all kinds, walls of destroyed buildings, trucks and cars, all were hurled by screaming winds along the flaming streets. Burning men, women and children were caught up as helplessly as leaves in a swirling inferno.

Underground in the shelters, groups of people, especially families, clung together in semi-darkness. Families embraced. Mothers held their children tightly, trying to murmur comforting words. Thus they died, trapped in the increasing heat of the deadly shelters. None of the flames that raged high above them In the streets ever touched them, but the heat Inside continued to rise until it melted glass, kitchen utensils, and even the brick walls glowed red inside these ovens of intense heat. Mixed in with this molten glass and metal were mounds of molten half-human remains.

It will be a long time before these shelters will be opened again, and when they are, men will look upon sights that mankind has never before witnessed, and hopefully will never again. Martin Caldin, one of the world’s leading authorities on military science subjects, described the bombing of Hamburg as "Standing out as the worst of the disasters visited upon civilization during the insanity of the Second World War."
High on our list of priorities, along with Dresden, that must be avenged, is the brutal murder of the great city of Hamburg. RAHOWA!

By April 30, 1945, Adolf Hitler was dead and a week later Germany surrendered. The war in Europe was over, but the war against the German people continued with unabated fury and hatred. Now that the German people were leaderless and defeated, their cities smashed to rubble, the cream of their manhood dead on the battlefields stretching from Africa to the far-flung steppes of Russia, the Jews were in an unfettered position to wreak further death and destruction on what was left of a destitute German nation. In what follows we must remember that whereas originally all of the invective and hatred had seemingly been focused on Hitler, the real aim of the Jews was the destruction, pollution and diminution of the German gene pool, to reduce it to the rubble they had wreaked on the German cities and the total German landscape.

With their goyim stooges completely in their tow and ready to front for them, the Jews now had a free hand in slicing up the German nation and heaping torture, humiliation and misery on the defeated German people. They made the most of it and had a field day. They imposed upon the Germans what even Time Magazine (Jew controlled) called "history’s most terrifying peace" ever inflicted on a defeated nation. Actually, even today, 1989, forty-four years later, whereas we signed a peace treaty with Japan a long time ago, still no peace treaty as such has been signed with the German people. What is left of Germany today is occupied territory. With 360,000 American troops (many of them niggers) still on German soil, Germany is still a slave state. Whereas these American troops supposedly are there as a NATO force to act as a deterrent against Russian Invasion, the real reason for their presence there is to protect the Jews, who now again are in control of Germany, from the German people. The fact is the Jewish war against the German people has never ceased and is being waged with a full fury to this very day.
Treaty or no treaty, let us review the Draconian ‘peace" imposed on the German people following their defeat in 1945.

The ability of any nation to sustain the life of its people is supported by these main pillars: (a) land, which includes all its natural resources, (b) labor, which encompasses both brawn and brains, and (c) capital, which means not only finances and credits but also plants and equipment. We shall see how the Jews set about in a diabolically planned strategy to destroy all three of these underpinnings to make certain the German people would be left a crippled shadow of their former self. The Jews did to the German people what they had done to the defeated Confederate South some eighty years earlier. They were masters of destruction and had learned their lessons well. Germany was another major step in their fiendish program of destroying the White gene pool, of "destroying the best first." They had done it to the leadership of the French people (the best) during the French Revolution 150 years earlier. They had done it to the White people of the American South eighty years earlier. And now, in 1945, they were setting the stage for doing their diabolical number on the German people for the second time. Although they had inflicted tremendous damage on the German people during and after World War I, nevertheless when Hitler came to power their program backfired on them. This time they wanted to make sure the dynamic German gene pool was crippled and mongrelized forever. Their plans called for several basic strategies.
  

Extermination by Overcrowding
Whereas at Yalta the Big Three Jewish Stooges, Roosevelt, Churchill and Stalin, had piously announced to the world that they reaffirmed their "faith in the principles of the Atlantic Charter" they were lying through their filthy teeth. The Atlantic Charter had hypocritically promised "No aggrandizement of territory;" "no territorial changes that do not accord with the freely expressed wishes of the peoples concerned;" "the right of the people to choose the form of government under which they live." It was all nothing more than sucker bait. When Roosevelt and Churchill mouthed the Jewish script at their first meeting, they lied flagrantly and deliberately, as they did again with their Communist cohort, Joseph Stalin, at Yalta. When it came to divvying up the spoils of war, a gruesome harvest was unveiled to the German people. The meeting at Potsdam decided their fate. The German Reich was soon severely amputated. What was left of its former virile body was now a mere basket case.

Germany had historically suffered from overcrowding – too many people for too little "Lebensraum" – living space. After World War I their homeland was reduced from 208,830 square miles (the State of Texas has 267,339 square miles) to 181,699 square miles. After W.W. II this was further slashed to 133,000 square miles (half the size of Texas). This included what is now Communist East Germany. West Germany itself is further reduced to a mere 95,976 square miles. Into this small space are crowded some 61 million people.

The Potsdam conference gave tacit permission for driving Germans off of land that had formerly been their homelands for hundreds of years. It said specifically "the transfer to Germany of German populations, or elements thereof, remaining in Poland, Czechoslovakia and Hungary, will have to be undertaken." The countries such as Poland, etc., needed no encouragement in driving the Germans out and possessing their farms and homes. In fact, some 15 million Germans were driven out under the most brutal conditions – half a million from Hungary, nearly three million from Czechoslovakia, and the rest from Poland and Russia. Of these, over 3,000,000 Germans perished of hunger, brutality and other atrocities. About 4,000,000 were deported to Eastern Europe and Russia as slaves. Hungry, desolate, with only the clothes on their backs, those who escaped death or slavery crowded into an already desperate and overcrowded Germany.

All this was no accident. While mouthing pious shibboleths at Yalta, the Big Three with Jewish manipulation had planned just such a scenario for "killing the best."
 
Destroying the Pillar of Labor

There were three main fronts on which the Jews proceeded in pulling down what was left of German manpower after the devastating ravages of the war itself. Basically, these were (a) enslavement, (b) denazification, and (c) physical incapacitation through undernourishment (starvation). Although at Potsdam it was again piously reiterated that "It is not the intention of the Allies to enslave the German people," nevertheless when Breslau and Berlin surrendered (in Russian occupation territory) long columns of German prisoners marched eastward towards huge depots near Leningrad, Moscow, Minsk, Stalingrad, Kiev, Kharkov and Sevastopol. All fit men marched 22 miles a day. Those partially handicapped went in handcarts, or carts pulled by spare beasts. Most of these handicapped prisoners died on the way. Those that made it joined the slave labor camps of the Russians, a vast army of some 10 to 20 millions, mainly political prisoners, or designated as "political unreliables." Few of these Germans have ever returned to German soil again.
But Russia was not the only one utilizing German prisoners for slave labor. According to the Red Cross, France had 680,000 former German soldiers slaving for her in August, 1946. Of these 475,000 had been captured by the United States and turned over to France. These performed slave labor under the most abominable conditions. In a camp in the Sarthe district for 20,000 prisoners, inmates received only 900 calories a day – plainly a starvation level. Twelve died in the hospital every day. Similar conditions existed in camps in the Charentes district, in the Orleans camp, and elsewhere.

Great Britain, who claims to be the motherlode of democracy, had, according to the Red Cross, some 460,000 German prisoners slaving for her, and as in the case of France, were bringing in a handsome profit for the War Office. The British government netted over $250,000,000 annually from its slaves, and the government frankly called itself the "owner" of these enslaved prisoners. Is slavery dead? By no means. So much for the cradle of democracy.
De-Nazification
 
Meanwhile the German homeland itself was in shambles, the cities were piles of rubble, the former factories, machinery, electric power plants smashed and the farms neglected and run down. Whereas her manpower, as we have seen from the foregoing, was severely depleted, the Germans are a very resilient and competent people. There was a massive rebuilding job of their country that had to be done and the Germans were desperately trying to get started – clean up the rubble, get some housing, get the farms back into producing food. It was a matter of life and death – a grim matter of survival.
But the Occupation Forces, controlled by Jew power, threw a monkey wrench into that vital and urgent program also. They had to de-nazify the German population first – a purely political and ideological maneuver to satisfy the ego and the sadistic hatred harbored by the Jews. The Nazi party was now outlawed by decree and all former Nazis were declared as criminals per se. Since Adolf Hitler and the Nazi party had been the most popular form of government the Germans had ever enjoyed, and since the overwhelming majority of Germans had been enthusiastically loyal to the Nazi leadership, just about any and every competent and loyal German had either been a member or a supporter of the Nazi party, especially those of leadership quality. These very people, who were now so necessary in getting the nation back on their feet, were now branded as criminals and were either incarcerated in prison, or were relegated to such menial labor as digging ditches. Only former traitors, incompetents, aliens and Jews were now allowed to hold positions of authority, and it is easy to see what a debacle such policy, dictated by the "Allied" high command, would cause. It would, of course, cause chaos in any undertaking, but it was especially deadly in a nation that was desperately struggling to survive.
 
Meanwhile, the German people were starving, homeless, disorganized and being constantly harassed by their Jewish tormentors. They were being taught Democracy with a vengeance. They could choose any kind of government except the kind they most needed and wanted. They were free to choose their leaders except those most competent to do the job. The fact is they were not free to do anything. They were utter slaves being ground into the dirt by their Jewish slave masters. Although today the German people have rebuilt their country despite all the handicaps imposed upon them, they are still slaves in the hands of their Jewish conquerors.

There is one lesson we Creators can learn from this episode of de-nazification. If it is morally acceptable to de-nazify the German Nation, then it is equally moral for us to de-Judaize the Jews. Whereas the Jews deemed the Nazi philosophy as harmful to their parasitic way of life, history has proven that Judaism is a thousand times more deadly to our own survival. Let us keep that in mind when we, the White Race, regain control of our own destiny. Delenda est Judaica!
 
The Looting and Sacking of Germany

Having cut up the geographic entity of Germany like a carcass of beef hanging from a hook, the ‘Allies" Immediately proceeded to loot the individual Germans. Since the High Command had branded all Nazis as criminals, and since all Germans were deemed as Nazis anyway, every man, woman and child was considered fair game, lower than an animal, to be looted, stripped and sacked by any American G.I., nigger, or Russian soldier at will.

The serious looting by the Russians was conducted officially, systematically and thoroughly. Every house and apartment was entered, searched and stripped of everything at once valuable and movable – wrist watches, jewelry, silverware, works of art, clothing, household appliances, and money. Stores, shops and houses were ransacked. Farms were denuded of farm animals, machinery, seed reserves, wine and food stocks. (All this is reminiscent of what happened to my family in Russia during the Communist Revolution, especially during the years between 1918 and 1922.) Telephones were removed from residences and telephone lines and equipment were dismantled. Automobiles, trucks, even fire engines were seized. Everything not nailed down was hauled away. The German standard of living deliberately had to be lowered to where it was worse than that of the poorest peasants in Communist Russia.
 

Outside of the fact that the Russian occupation forces were equal in size to the combined occupation forces of the Western powers, nevertheless the American sectors were equally criminal and flagrant in the business of looting as were the Russians. Although the average G.I. did not suffer from poverty as did the Russians, they somehow made up for it in their arrogant and wanton vandalism with which they destroyed that which they did not steal. Millions of dollars worth of rare items varying from intricate Zeiss lenses to butter and cheese and costly automobiles were destroyed through sheer vandalism. "They seemed to ruin everything, including the simplest personal belongings of the people in whose houses they were billeted," wrote one correspondent of the Chicago Daily News.

Such was the wholesale looting, practiced by the average soldier, and the higher authorities not only took no steps to curb it, but silently condoned it. However, the official Allied Control Council promulgated a number of decrees that would deliberately make certain German recovery never would exceed the average living standards of other European Countries (which, under Hitler, Germany far outdistanced). Anything they deemed as "excess" (we are talking about an entire nation that was in rubble and starving to death) shall be taken as plunder or destroyed. In short, the prostrate German economy must be quartered and its flesh fed to other economies, a project that has aptly been called "economic cannibalism."
 
But this was not the end of the looting by the victorious conquerors. The Jews resorted to their oldest and most effective scam of all, one that they have used countless times in history and by means of which they continue to loot all nations throughout the world. The "Allies’ all in their respective occupation zones printed huge amounts of bogus paper, which they called military currency, which the Germans were forced to accept as "payment" for whatever the victors chose to "buy." It was worthless, of course, merely worthless bogus paper. It is conservatively estimated that altogether between 15 billion and 20 billion occupation marks were printed. This means that the four powers further stole between two and four billion dollars worth of German property for the mere cost of printing worthless money, issued in payment.

Meanwhile, the Russians, who occupied 45 percent of what was formerly Germany, dismantled every factory, machine and plant that had escaped the ravages of war and shipped them eastward into Russia. Not only did they ransack their own zone, but the other three powers gratuitously agreed to give them 25 percent of anything and everything they could loot out of their zones as well.

Nothing was spared, patents, inventions, scientific laboratories and even the scientists themselves were appropriated by the victors, with the Russians making off with the lion’s share.

In the previous paragraphs we have already reviewed the horrors of war suffered by the German people; the terrible fire bombing of Dresden; the massive, concentrated bombing and burning of the great city of Hamburg, and in fact, every other major city in Germany. Yet, remarkable as it may seem, food reserves were still ample when the war ended, thanks to the discipline, hard work and efficient planning of the German government and its people. Once the war was over, however, this was quickly and drastically changed to one of famine, chaos and the ultimate in death and misery. Under "Allied" policy, bent on vengeance and the decimation of the German people, these food stores were deliberately destroyed, and in the Russian zones devoured by the Russian troops or loaded up and shipped to Russia.
 

None of this just happened. When the "Big Three," Roosevelt, Churchill and Stalin (sadistic sons of bitches that they were) met at Yalta, they deliberately planned to starve the German people to death, not because food was not available, but because in an orgy of hatred and vengeance they wanted to torture the German people, and, moreover, cripple and decimate the German gene pool into insignificance and oblivion. We all remember the "Morgenthau Plan" to reduce the great German nation into an insignificant goat pasture, devoid of people. Henry Morgenthau, Jr. was U.S. Secretary of the Treasury at the end of the war, and this scurvy Jew was not only privy to the inner circles of the Jewish Kehilla, but also one of Roosevelt’s closest advisers (if not his boss). Be that as it may, on this issue the Jews of the world were in unison: heap a maximum of misery on the German people! Starve them to death! Kill the best first!
When I visited Germany in 1955, I had the pleasure and honor to be the guest of a German businessman for more than a week. This fine gentleman by the name of Fred Bieger, who had suffered the pangs of cold, and battle wounds on the very edge of the Russian front, told me that whereas the war years were horrible, the "peace" that followed, during the first year at least, was a thousand times worse.

The average American diet is about 3000 calories a day. A working lumberjack needs as much as 7600 calories to maintain his weight and health. Studies by the University of Minnesota showed that when intake (by volunteers) was reduced to about 1650 calories over a period of several months, the volunteers lost a fourth of their weight, experienced fainting spells, dizziness and a feeling of always being cold. They lost three-fourths of their energy and working ability, and their only interest in life seemed to be the next meal.

In their deliberate campaign to starve the German people, the caloric intake allowed in the American zone ranged from a high of 1550 calories to a low of 1180 per person per day. This was, in fact, a program deliberately pursued with the objective of starving the German people to death, and starve them they did. The British, French and Russian zones were even worse. The result was mass starvation. Infant mortality reached a horrifying 90 percent. It was 16 times as high as it had been in 1943. Ed Johnson, correspondent for P.M. Magazine wrote at this time: "Most children under ten and people over 60 cannot survive the coming winter."

Senator Homer E. Capehart of Indiana in an address before the U.S. Senate, February 5, 1946, said in part "...the fact that it has been and continues to be the deliberate policy of a confidential conspiratorial clique within the policy making circles... to draw and quarter a nation now reduced to abject misery... this clique, like a pack of hyenas struggling over the bloody entrails of a corpse and inspired by a sadistic and fanatical hatred, are determined to destroy the German nation and the German people, no matter what the consequences." Senator Capehart, unfortunately, did not identify the nature of the clique. We can do so without fear of contradiction and point the finger directly at the malevolent, cunning and diabolical hatred of the Jewish Kehilla and International Jewry itself, the same criminals that instigated and orchestrated the internecine and suicidal war against the White Race in the first place.
 
The result was – as intended – millions of Germans starved to death while ample food supplies from Denmark, Sweden and the United States were deliberately withheld by the vengeance-prone "Allied" victors.

Also decided by the "Big Three" at Yalta was the ultimate horror, degradation and damage to be heaped upon the German nation. From the record it is obvious that the criminals who met at Yalta deliberately formulated a diabolical program of bastardizing and contaminating the superior racial strains of the Prussians and the Teutons with the inferior genes of the American niggers, and French Moroccans and Senegalese, and from the east, the Bolshevized Mongolian and Slavic hordes.

When the Russian armies overran Danzig they promptly and systematically set about raping all the women – from small girls and children to elderly women as much as 83 years of age. A 50 year old teacher related that her niece, 15 years of age was raped seven times the day after the Russians arrived, while her other niece, 22, was raped 15 times the same day. When women of the city pleaded for protection, a Russian officer told them to seek shelter in the Catholic Cathedral. Once securely inside, these treacherous Russian barbarians had themselves an all night orgy, raping every woman inside the Cathedral, some more than 30 times. A Catholic priest states: They even violated eight-year-old girls and shot young boys who tried to shield their mothers."
It was the same in all the regions overrun by the Communist armies. When Berlin fell, the Commander told his Russian soldiers – the women of the city were all theirs and to go to it. This they did with a vengeance and the only escape the women had was to commit suicide. This thousands of women did, and even before the arrival of the oncoming Russian hordes many of the most beautiful and desirable, anticipating a fate worse than death, committed suicide.

In the American occupation zone, the High Command saw fit to bring in 42,000 black nigger troops, a move that was no accident. These black savages, the lowest type of animals, had a higher crime rate, a venereal disease rate several times that of the White soldier, and in general, a propensity for rape and criminal activity. They were deliberately set loose upon the German women, and even a scoundrel such as General Eisenhower loosely dismissed the wholesale raping of the German women by the American G.I.’s as "The boys were just having a little fun." Some fun! Where brute force was not employed in the wholesale rampage, later, as starvation set in (as described in the previous chapter) the American G.I.’s traded food, bars of soap, chocolate bars, for cheap and easy sex to the hungry and hopeless German women who were desperately trying to survive.

Without going into detail, the same flagrant program of rape and violence against the women prevailed in the French and British zones. Without a doubt, the policy had been handed down from on high: rape and desecrate every German female to be found. A whole book could be, and should be, written about this shameful and horrendous episode of atrocities committed by the Allied" conquerors, but we do not have the space here to do so. Suffice It to say, it is one of the blackest and most shameful blots on the history of civilization, and the White Race as a whole. But let us remember – back of it all was the planned and deliberate hate of the Jewish Kehilla – to destroy that which is best, the German gene pool.

Conclusion

As we enter the last decade of the Twentieth Century, White Americans are not interested in the story of what happened to the Germans after they were defeated and disarmed. Very few know the real story, a gruesome story that was completely hushed up, and few Americans want to hear about it today. But we had better learn from history and realize that what happened to the disarmed Germans then, is in store for the White people of America and the White people of the world. What the Jews did to the Germans was only one further, albeit major, step In their long-standing program of mongrelization and destruction of the White Race.

 No sooner had the Jews vanquished the Germans when they immediately turned their attention to doing the same to the very "Allies" who In their ignorance and stupidity had helped them do the dirty deed. Targeted for mongrelization and destruction now were all the White countries of the world – especially the United States. This they did by shipping in the mud races of all stripes and colors, into Britain, France, the Netherlands, the Scandinavian countries, and again, especially the United States.

They further exacerbated the program by massively subsidizing the mud peoples of the world, by means of the Marshall Plan and foreign aid abroad, and by means of huge welfare programs to the niggers in America herself, all at the expense of the White American taxpayer. The result over the past 45 years has been a massive population explosion, not of the White Race, but exclusively of the mud races, and the United States (as are Britain, France, the Netherlands, etc.) is being flooded and overrun with the mud scum of the world.

The objective is to disarm the White people, and when the time is ripe, to utilize the overwhelming hordes of mud peoples to rape, kill and mongrelize the decimated remnants of the White Race in a pattern very similar to what happened to the vanquished and disarmed people of Germany. Therefore let us take heed and learn our lesson well. Destroy the enemy before it destroys us! Destroy Judaism,  the scourge of the world, before it destroys us! If It is morally acceptable to de-Nazify all the Germans, 80 million of them, then it is imperative that we are justified in de-Judaizing the 20 million Jews of the world – our No. 1 mortal enemy. Delenda est Judaica! Let us make sure we avenge Dresden, Hamburg and all the rest of the atrocities the Jews heaped on the great and fine people of Germany. By so doing we will ensure that a similar fate is not perpetrated on us and our own future progeny.

To do so we must become informed, aroused and organized. Had the American people in the 1930’s done just that, they would never have gone to war against Germany. Instead they would have joined with the Germans and turned their wrath on the mortal enemies inside our own borders – the sinister and treacherous Jew. Let’s not lose any more time. Join the Church of the Creator. Help get those first ten million White Man’s Bibles out and into the hands of our White Racial Comrades. Do it now!



Ben Klassen
Founder, Church of the Creator
 
 













ARTICLE TAKEN FROM RACIAL LOYALTY # 52
JULY 16AC (1989)

Wednesday, 4 April 2018

Avenge Dresden (Part One)...By Ben Klassen





Part One of a Series of Two
Remember the Alamo!

But let us make damn sure we Avenge Dresden!
The mission fortress of the Alamo at the little town of San Antonio de Bejar had been under siege for twelve days. The 6000 man army led by that flamboyant and cruel dictator of Mexico, General Antonio Lopez de Santa Anna, had taken a heavy toll at the hands of the gallant 182 Texans Inside the fort, whereas miraculously the Texans had, at this point, not lost a single man. On the thirteenth day, on the early morning of March 9, 1836, Santa Anna decided to storm the walls. With his buglers playing the famed Moorish March, the "Deguello," the defenders knew their hour had come and that no prisoners would be taken alive. It was now a matter of fight to the last man and die.

These 182 Texans fought gallantly and exacted a heavy toll from the enemy. During the thirteen days of defense they took between 1500 and 1600 Mexicans along with them to their death. Their Enemy Toll Effectiveness Factor (E.T.E.F.) was highly commendable.
Its Time For a Closer Look at E.T.E.F By Ben Klassen

But the heroic Texans did not die in vain. Their death shocked all of Texas. It also did something more. It united the squabbling Texans and set off a deep and burning rage that cried out for revenge, and furthermore, unconditional independence from the blood-thirsty Mexicans.

Less than two and a half months later the White Texans had their revenge. On April 21, 1836, Sam Houston with a force of only 600 rag-tag volunteer White Americans trapped Santa Anna’s army of 4000 at San Jacinto. With the rallying cry of "Remember the Alamo!" the Texans rushed Santa Anna’s camp and with a fury that nothing could abate, they annihilated the Mexicans, and captured Santa Anna himself. The battle, which lasted only eighteen minutes, was one of the most important in American history, and one of only a few that has been fought in the best interests of the White Race. The Texans now had their revenge, and more. It led to the Mexican War ten years later that finally quashed the Mexicans and won for the White Man extensive areas, including California and all of the land in between. The White Man now had won a vast domain from the Atlantic to the Pacific, for himself and his future progeny.

* * * * *

We now come to a gruesome episode in the history of the White Race that is a thousand times more tragic, of immensely greater dimensions, and more brutal than the slaughter of the 182 men at the Alamo. Shamefully and grievously at this point in history, it has not yet been avenged. It still remains a top priority on our list of unavenged outrages, as set forth in Part I of Nature’s Eternal Religion. We are talking about the heinous firebombing of Dresden towards the final days of World War II.



A long-time member of our Church, an American Air Force officer who took part in that murderous bombing related to me the briefing they had received the night before the multiple raids. They were sworn to secrecy and were told that the Germans had developed some terrible secret weapons that could turn the tide of the war, and that these weapons were secreted in the city of Dresden. It was therefore their patriotic duty to bomb the city into rubble, to burn it to the ground and incinerate every living man, woman, and child in it. Does this sound like a familiar refrain from the pages of the Jewish Old Testament? It does indeed, and the same perfidious liars who wrote that vicious diatribe also instigated and orchestrated the bombing of Dresden. Tearfully and regretfully, this former American officer, now old and dying of cancer, told me how they had been deceived by this treacherous Jewish ruse and American and British bomber crews, of which he was part, had been instrumental in carrying out this horrible murder of hundreds of thousands of his own race – Nature’s Finest. He found out later that it was all a treacherous lie, a part of the long standing Jewish creed of "kill the best first." It was an agony that preyed on his conscience to his dying days.


Before World War II the city of Dresden was one of the most beautiful in the world. In fact the word Dresden was synonymous with culture, beauty and art. Like so many other cities in Germany, this city in particular was rich in German culture and the heritage of its people. The Castle, the Opera, the Hofkirche, the Frauen Kirche, to name a few amongst thousands of other buildings, were beautiful and outstanding examples of German (and White) culture. Many of these beautiful buildings dated back a thousand years or more.

The normal population of Dresden was about 600,000. In February of 1945, as the refugees from the Eastern countries were fleeing before the Red Army, and seeking safety in the west, a large number of them fled to the apparent safety of Dresden and swelled the population of that city to over 1,200,000 people. These were people who had fought the Communists and were strongly anti-Communist. We must remember that at this period of history World War II was practically over and Dresden was by no stretch of the imagination a military objective. In judging what follows we must also keep in mind that Dresden represented the finest examples of German art and culture, that it was not a military objective, and that it was swollen at this time with refugees fleeing before the Red Army, the barbarians of the East.

On the night of February 13, 1945 at 10:13 P.M., British bombers started dropping hundreds of thousands of fire bombs on the poor, helpless refugees and citizens of Dresden who were only trying to escape the butchery of the Red Army. These raids were carefully planned by these heinous and diabolical Jews to reap the maximum in death and destruction. The timing was such that it would hit the citizens of Dresden at a time when they were out on the streets celebrating a Christian religious holiday. Thousands were burned alive.

When the first raid was over and the survivors came out of their shelters to begin rescue operations and when thousands of fire fighters arrived from other cities to help in the rescue, the treacherous Jews struck again. At 1:30 A.M., February 14th, only three hours after the first attack, a second and larger force of British bombers rained down more death and destruction on the helpless White men, women and children below. So many fire bombs had been concentrated on this once beautiful old city of Dresden that a fire storm of hurricane proportions engulfed the whole city. The heat was so intense that once live people were shriveled into corpses reduced to half their size. Thousands of people hiding in air raid shelters were melted into one pool of liquid. A mother with her baby in her arms was found melted into the pavement forming a small tar statue. In a furious, fiendish effort to incinerate this beautiful city of Dresden, the city of art and culture, more than 650,000 fire bombs were dropped on it during the raids.

As if this were not enough, the next day, which was Ash Wednesday, while Dresden was still burning furiously from the two attacks of the night before, a huge force of American B-17’s started pounding on what was left of the magnificent city.

The great shame and tragedy of it all was that the pilots who were dropping these bombs were White Gentiles killing their own brothers in a battle that the Germans had been fighting for the preservation of the White Race. What these White pilots, with their mentality deranged by Jewish brain pollution, did not know, but their Jewish bosses did, was the fact that 26,260 allied prisoners of war were in the same area! Just another example of Jewish evilness and treachery. Even though the American and British soldiers were fighting to save these Jewish parasites from their just dues, the Jews themselves didn’t mind at all having the White prisoners killed as well!
 
But this was still not the end of Jewish fiendishness and barbarity. A final touch of Jewish treachery was added when after the B-17’s had left, 37 B-Si American fighters were ordered to fly low over the city and kill anything that moved! This they did by shooting and machine-gunning people who were trying to save themselves along the banks of the river Elbe. These B-51 fighters flew low along the banks of the river and killed everything in sight.
 
Does this sound familiar? Remember the vicious ideology of the Jews as laid out in Deuteronomy 20, v. 16 "thou shalt save alive nothing that breatheth?"  Let us remember that this is the vicious Jewish religion, a religion that they have been practicing for thousands of years; a religion that they have swindled the White Man into as making it part of his own, in order to worship, idolize, and protect the Jew.

After the war, the world was lied to and told that only 35,000 people were killed during the raids, but as the years passed they finally admitted to 135,000 deaths. This still was a big lie. The actual number of people killed between February 13th and 14th was 350,000 and 400,000!
To add a further insult to treachery, when the war was over the Jews invented a huge hoax accusing the Germans of killing and incinerating six million Jews in order to heap hatred on the Germans and create sympathy for the treacherous Jews who had started the war in the first place. In order to try to "substantiate" this colossal hoax, the Jews showed photograph after photograph of heaps of burned corpses. But the corpses they were showing were not Jews at all, but Germans that had been burned in the once beautiful city of Dresden.


We White Brothers and Sisters have a tremendously powerful lesson to learn from this horrible event. The overwhelming lesson is that the Jews regard all White people as their enemies and that it is only a matter of time when they will try to incinerate the cities and people of America just as they did Dresden, provided we will let them do it. The second lesson that we can learn is that it took the willing cooperation of White pilots, the British Air Force and the American Air Force to do this treacherous deed – the killing of their own White Brothers. This illustrates again and again how powerful is propaganda!
 

The third lesson that we must learn is that there is no compromising, no negotiating, no co-existence with the treacherous and diabolical Jew. Their religion and their inbred parasitic nature drives them on to destroy all that is good in this world. There is no peace, no co-existence with this vicious evil. It is either them, or it is us. Being members of Nature’s Finest, the great White Race, let us make damn sure that It is we who survive and that mankind’s most sinister parasite will be wiped from the face of the earth. Delenda est Judaica!  We of the Church of the Creator put this monstrous murder of the beautiful city of Dresden at the top of our priority list when The Day (Der Tag) comes to settle the score with the Jews.

There are more atrocities, thousands more, which we are determined to avenge as part of the unavenged outrage. In next month’s issue we will further describe some of the atrocities heaped upon the brave and creative people of Germany after this horrendous war had already ended.

* * * * *

The name Dresden was synonymous with culture, beauty, art and the heritage of the German people.
* * * * *
The weakness of any conspiracy is that it is extremely precarious, for when too many victims begin to realize and understand the conspiracy, it blows up in the conspirator’s face.

 

 
Ben Klassen
Founder Church of the Creator


 
 

















                                 ARTICLE TAKEN FROM RACIAL LOYALTY # 51
                                                             JUNE 16AC (1989)

 
 
 


Sunday, 1 April 2018

Rev Matt Hale(Civil Case)..Opinion and Order on Motion for Summary Judgment

 
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Chief Judge Marcia S. Krieger

Civil Action No. 14-CV-0245-MSK-MJW

REVEREND MATT HALE,

Plaintiff,
v.


FEDERAL BUREAU OF PRISONS,

Defendant.

OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT

THIS MATTER comes before the Court on the Defendant’s Motion for Summary judgment (# 186), the Plaintiff’s Response (# 193), and the Defendant’s Reply (# 199); the Plaintiff’s Motion to Strike and Response to So-Called “Fact Exhibit” (# 202), the Defendant’s response (# 203), and the Plaintiff’s reply (# 205); the Plaintiff’s Motion to Allow Declarations by Non parties (# 206) and the Defendant’s response (# 207); and the Defendant’s Motion to Strike Exhibits (# 210) and the Plaintiff’s response (# 211). For the following reasons, the motion for summary judgment is granted and the remaining motions are denied as moot.
I. JURISDICTION
The Court exercises jurisdiction under 28 U.S.C. § 1331.
II. BACKGROUND1
The Court summarizes the pertinent facts here and elaborates as necessary in its analysis.
1 The Court recounts the facts in the light most favorable to Mr. Hale, the nonmoving party. See
Garrett v. Hewlett Packard Co., 305 F.3d 1210, 1213 (10th Cir. 2002). In large part, the partiesdo not dispute the material facts.



Case 1:14-cv-00245-MSK-MJW Document 212 Filed 03/28/18 USDC Colorado Page 1 of 33

 
I. Mr. Hale and his beliefs
Plaintiff Matt Hale, proceeding pro se,2 is an inmate in the custody of Defendant Federal Bureau of Prisons (BOP) and housed at the Administrative Maximum facility in Florenc, Colorado (ADX). He is a member, practitioner, and former leader of the Church of the Creator (also referred to as “Creativity”). Members of the Church of the Creator consider Creativity to be a religion. It is undisputed that a central tenet of Creativity is the premise of the superiority of the white race and the need for racial purity and segregation.

For the sake of convenience, the Court will not reproduce the parties’ recitation of Creativity’s religious texts. Suffice it to say that a survey of the roughly 41 principles of Creativity set forth by the parties — 5 fundamental beliefs, 16 commandments, and 20 points of creed — reveals that nearly all of those principles comprise exhortations or instructions to adherents to accomplish the singular goal of promoting the purity of the white race and advocating for the geographic, political, and social segregation (if not the outright destruction) of other races.


The most prominent secondary points found in those principles are instructions to preserve the
environment of the Earth, to restore soil fertility and improve farming yields, and to promote a
natural lifestyle so as to advance the physical and mental health of adherents.



II. BOP actions giving rise to this suit


From July 2010 to January 2011 and again from January to August 2013, the BOP imposed
2 The Court understands that Mr. Hale is a law school graduate, although he is not licensed by the
bar of any state. Where licensed attorneys appear as pro se litigants, they are not entitled to liberal
construction of the pleadings under Haines v. Kerner, 404 U.S. 519, 520–21 (1972). Smith v. Plati, 258 F.3d 1167, 1174 (10th Cir. 2001). Licensure — e.g., good standing — is not the key feature, as the Tenth Circuit has also stated that “trained” attorneys appearing pro se do not enjoy liberal construction either. Porta v. OPM, 580 F. App’x 636, 640 n.2 (10th Cir. 2014). In any event, whether Mr. Hale is afforded liberal construction of his pleadings or not does not meaningfully alter the analysis herein.


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a mail restriction on Mr. Hale’s incoming and outgoing correspondence. The restriction was
imposed in response to Mr. Hale’s efforts to direct affairs within the Church of the Creator. For
the same reasons, the BOP denied Mr. Hale a copy of a book entitled Nature’s Eternal Religion (a
Creativity religious text), the diet outlined in Salubrious Living (another Creativity religious text),
and the ability to conduct an on-camera interview with a Chicago television station.

III. Mr. Hale’s claims
Mr. Hale brought this suit alleging that the mail restriction and various other prison restrictions violated his constitutional rights. Currently pending are six claims, which the Court groups by subject matter. The first three claims focus on the mail restrictions, alleging that the restrictions (1) violated Mr. Hale’s constitutional right to free exercise of religion under the First Amendment, (2) violated his rights under the Religious Freedom Restoration Act (“RFRA”), 42 U.S.C. § 2000bb et seq.; and (3) were imposed as retaliation against him because of his exercise of his First Amendment rights. The second set of claims relate to Mr. Hale’s claims that he was denied access to a diet consistent with the principles of Creativity, and that the denial (4) deprived him of his free-exercise rights under the First Amendment, and (5) violated RFRA. Finally, the final claim is that (6) Mr. Hale was denied the opportunity to possess a copy of Nature’s Eternal Religion, in violation of his right to free speech under the First Amendment.



IV. The BOP’s Motion

The BOP moves for summary judgment on all claims (# 186). In the course of briefing, the BOP attached an exhibit to its reply that organized its evidence and Mr. Hale’s response thereto. Mr. Hale moves to strike this “fact exhibit” (# 202). Mr. Hale has also asked to submit declarations from nonparties in support of his summary-judgment response (# 206). The BOP moves to strike a notice filed by Mr. Hale (# 210).


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III. LEGAL STANDARD
Rule 56 of the Federal Rules of Civil Procedure facilitates the entry of a judgment only if no trial is necessary. See White v. York Int’l Corp., 45 F.3d 357, 360 (10th Cir. 1995). Summary adjudication is authorized when there is no genuine dispute as to any material fact and a party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). Substantive law governs what facts are material and what issues must be determined. It also specifies the elements that must be proved for a given claim or defense, sets the standard of proof, and identifies the party with the burden of proof. See Anderson v. Liberty Lobby Inc., 477 U.S. 242, 248 (1986); Kaiser-Francis Oil Co. v. Producer=s Gas Co., 870 F.2d 563, 565 (10th Cir. 1989). A factual dispute is “genuine” and summary judgment is precluded if the evidence presented in support of and opposition to the motion is so contradictory that, if presented at trial, a judgment could enter for either party. See Anderson, 477 U.S. at 248. When considering a summary judgment motion, a court views all evidence in the light most favorable to the non-moving party, thereby favoring the right to a trial. see Garrett v. Hewlett Packard Co., 305 F.3d 1210, 1213 (10th Cir. 2002).


If the movant has the burden of proof on a claim or defense, the movant must establish every element of its claim or defense by sufficient, competent evidence. See Fed. R. Civ. P. 56(c)(1)(A). Once the moving party has met its burden, to avoid summary judgment the responding party must present sufficient, competent, contradictory evidence to establish a genuine factual dispute. See Bacchus Indus. Inc. v. Arvin Indus. Inc., 939 F.2d 887, 891 (10th Cir. 1991); Perry v. Woodward, 199 F.3d 1126, 1131 (10th Cir. 1999). If there is a genuine dispute as to a aterial fact, a trial is required. If there is no genuine dispute as to any material fact, no trial is required. The court then applies the law to the undisputed facts and enters judgment. If the moving party does not have the burden of proof at trial, it must point to an absence of


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sufficient evidence to establish the claim or defense that the non-movant is obligated to prove. If
the respondent comes forward with sufficient competent evidence to establish a prima facie claim
or defense, a trial is required. If the respondent fails to produce sufficient competent evidence to
establish its claim or defense, then the movant is entitled to judgment as a matter of law. See
Celotex Corp. v. Catrett, 477 U.S. 317, 322–23 (1986).



IV. DISCUSSION

A. Mail Restriction Claims
Mr. Hale alleges that the mail restrictions violated his free-exercise rights, RFRA, and were retaliatory to his exercise of First Amendment rights. The BOP contends that CREATIVITY is not a religion for purposes of the Free Exercise Clause or the Religious Freedom Restoration Act, which would proscribe Claims 1, 3, 5, and 6. Second, it contends that even if it was, and Mr. Hale’s religious practices were burdened by the mail and other restrictions, such restrictions were nevertheless permissible because they were supported by a compelling justification.
 

1. Standing
The BOP first challenges Mr. Hale’s standing to attack the mail restrictions, arguing that Mr. Hale is only capable of seeking injunctive relief against the BOP, and that the 2010 and 2013 mail restrictions are no longer in effect. The Court addressed a similar argument in its September 30, 2015, Opinion and Order (# 66), finding that although Mr. Hale was not the subject of a current mail restriction, the restrictions that he challenged were “capable of repetition, yet evading
review.” Id. at n.1. In the instant motion, the BOP argues that although Mr. Hale is once again under restrictions on his correspondence with others, those restrictions are qualitatively different from

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the restrictions he was under in 2010 and 2013. As the Court understands it, the 2010 and 2013
restrictions prohibited Mr. Hale from corresponding with persons beyond his immediate family on
any topic whatsoever. Now, he is permitted to correspond with persons outside his immediate family, but is still prohibited from having any such communications that touch on matters relating to Creativity. Thus, the BOP contends the “Court does not have subject-matter jurisdiction to award prospective injunctive relief because the current manner in which Mr. Hale’s communications are monitored bears no relation to those past restrictions.”

The Court finds that its observations in the September 30, 2015, Opinion and Order on the question of standing remain valid. It is undisputed that, presently, Mr. Hale remains restricted in his ability to correspond with anyone about Creativity. Although other aspects of the 2010 and
2013 mail restrictions are not present in the current restrictions on Mr. Hale, the aspects of the 2010 and 2013 restrictions that animate his Free Exercise and RFRA claims — the inability to correspond with others about his purported religious beliefs — remain. More importantly, assuming Mr. Hale could otherwise establish his free-exercise or RFRA claims, he could conceivably be entitled to injunctive relief that would effectively modify the continuing restrictions on his ability to correspond about Creativity. In such circumstances, the Court is satisfied that Mr. Hale has standing to bring the current constitutional and RFRA claims.


2. The Free Exercise Clause and RFRA
The Free Exercise Clause prevents the government from making any law prohibiting the free exercise of religion, which can manifest itself in either the freedom to believe or the freedom to act. See U.S. Const. amend I; United States v. Meyers, 95 F.3d 1475, 1480 (10th Cir. 1996) (citing Cantwell v. Connecticut, 310 U.S. 296, 303–04 (1940)). Where the freedom to believe is absolute, the freedom to act may be regulated for the protection of society. Cantwell, 310 U.S. at
 
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303–04. If a law is neutral and generally applicable, it does not violate the Free Exercise Clause
“even if the law has the incidental effect of burdening a particular religious practice.” Church of the Lukumi Babalu Aye Inc. v. City of Hialeah, 508 U.S. 520, 531 (1993). Going further, RFRA generally prohibits the government from burdening a person’s exercise of religion, even by operation of a law of general applicability. 42 U.S.C. § 2000bb-1(a). Though they vary slightly, both the constitutional and RFRA standards protect only belief systems that may properly be considered religious. See Thomas v. Review Bd. of Ind. Emp’t Sec. Div., 450 U.S. 707, 713–14 (1981); Thiry v. Carlson, 78 F.3d 1491, 1494 (10th Cir. 1996). To establish his free-exercise claim, Mr. Hale must show that (1) he has a sincerely-held belief that is religious in nature; (2) that the mail restrictions substantially burdened that belief; and (3) that the BOP lacked a legitimate penological interest that justified the restrictions, considering the factors set forth in Turner v. Safley, 482 U.S. 78 (1987). Kay v. Bemis, 500 F.3d 1214, 1218–19 (10th Cir. 2007). And to establish his RFRA claim, Mr. Hale must demonstrate he wishes to engage in (1) a religious exercise (2) motivated by a sincerely held belief, which (3) is subject to a substantial burden imposed by the government. See Kikumura v. Hurley, 242 F.3d 950, 960 (10th Cir. 2001).



Thus, the question of whether CREATIVITY may be considered a “religion” affects the analysis
of both Mr. Hale’s free-exercise and RFRA claims (Claims 1, 3, 5, and 6). Although they appear similar, Mr. Hale’s free-exercise and RFRA claims differ slightly, particularly as they relate to the nature of the governmental interest in question. Under the Free Exercise Clause, the government’s interest need only be “reasonably related to legitimate penological interests,” and the Court applies the deferential Turner standard in assessing that penological interest, generally. Under RFRA, however, the Court must consider the particular application of the governmental action on the inmate in question and determine whether there is a


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compelling justification for applying that policy to that inmate. Id. Moreover, under RFRA, the
government bears the burden of proof that its interests are compelling and narrowly-tailored.
Ghalani v. Sessions, 859 F.3d 1295, 1305 (10th Cir. 2017). Thus, the RFRA claim places a more
substantial burden on the government than does the free-exercise claim. Here, the BOP moves for summary judgment on both claims, arguing that: (1) the principles of Creativity are not “religious” in nature; and (2) to the extent they are, the BOP is nevertheless entitled to summary judgment on the RFRA claim3 because it has a compelling interest in preventing Mr. Hale from corresponding about Creativity and the restrictions on Mr. Hale are narrowly-drawn to effectuate that interest.


2. Whether Creativity is a Religion4
In this Circuit, to determine if a belief system is truly “religious”, the Court considers whether it: (1) addresses ultimate ideas, (2) contains metaphysical beliefs, (3) prescribes a particular moral or ethical system, (4) involves comprehensive beliefs, and (5) is accompanied by accoutrements of religion. Meyers, 95 F.3d at 1483. No one factor is dispositive, but “purely personal, political, ideological, or secular beliefs” will not likely suffice. Id. at 1484 (citing Yoder, 406 U.S. at 216). Religious beliefs need not be acceptable, logical, consistent, or comprehensible to others in order to merit First Amendment protection. United States v. Seeger, 3 And, by extension, the free-exercise claim, as that claim is even more deferential to the BOP.

4 The Court notes that several district courts have entertained this question and have uniformly
found that, at least for free-exercise and RFRA purposes, Creativity is not a religion. See, e.g.,
Stanko v. Patton, 568 F. Supp. 2d 1061, 1072 (D. Neb. 2008); Conner v. Tilton, 2009 WL 4642392
at *9–12 (N.D. Cal. Dec. 2, 2009); Prentice v. Nev. Dep’t of Corr., 2010 WL 4181456 at *4 (D.
Nev. Oct. 19, 2010); Birkes v. Mills, No. 3:10-CV-0032, 2011 WL 5117859 at *4 (D. Ore. Sept.
28, 2011). The sole decision finding that Creativity could constitute a religion arose in the
employment-discrimination context, where the inquiry focuses on how the beliefs affect the
adherent, not on the religious character of the beliefs themselves. Peterson v. Wilmur Commc’ns
Inc., 205 F. Supp. 2d 1014, 1018 (E.D. Wis. 2002).


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380 U.S. 163, 184–85 (1965). Indeed, the concept of white supremacy, though secular in the
sense that it is a racist idea, could be religious in context. Wiggins v. Sargent, 753 F.2d 663, 667
(8th Cir. 1985). Examples of how the Meyers criteria are applied to particular factual scenarios are
instructive with regard to application to the facts of this case. As noted below, when the Meyers
factors are applied, unusual belief systems are not found to be religions for one of two reasons -
either belief system is so vague and indeterminate that it fails to prescribe any moral or ethical
system (Africa, Jacques) or the beliefs are so narrowly focused that they do not address
metaphysical or ultimate issues or otherwise comprise a comprehensive set of beliefs. (Meyers,
Quaintance, Versatile). In both circumstances, the belief system is found to be a secular rather
than religious one.


In Meyers, the defendant was charged with cannabis possession. As a defense, he testified
that he was the founder and reverend of the “Church of Marijuana”, wherein he was religiously
commanded to use, possess, grow, and distribute cannabis “for the good of mankind and the planet
earth.” 95 F.3d at 1479. Although the court noted that whether a belief structure is established
or recognized cannot be the sole determinant of whether it qualifies as a religion, the secular nature
of Meyers’ beliefs more accurately espoused a philosophy or way of life rather than a religion. Id.
at 1484. In Africa v. Pennsylvania, upon which Meyers was partially based, the defendant was a
prisoner who requested a special, raw-food diet as adherent to MOVE, an organization “opposed
to all that is wrong.” 662 F.2d 1025, 1026 (3d Cir. 1981). MOVE’s goals were to bring about peace, stop violence, and end corruption. Id. MOVE adherents believed in using things but not misusing them. Id. Avoiding ceremonies and rituals, every act of life was invested with
 
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religious significance to MOVE adherents. For MOVE adherents, “every day of the year can be
considered a religious ‘holiday’” because no single day is more special than another. Id. Noting
that MOVE did not address any fundamental, ultimate, or overarching principles, the court held
that MOVE was concerned with secular matters and lacked a comprehensive, multi-faceted
theology. Id. at 1033–36. In Jacques v. Hilton, the plaintiffs were founders of the United Church of Saint Dennis, ULC Inc., which was loosely affiliated with the Universal Life Church. 569 F. Supp. 730, 731 (D.N.J. 1983). Saint Dennis was not a reference to any particular individual. The church
recognized the “Spirit of Life” as a supernatural force, which each individual possessed. A central tenet of the church was each individual’s right to honor any supreme being in any manner he chose, and to act consistently with his own beliefs. Church adherents celebrated June 21 as the day life began. There we no rituals at meetings, rather they were opportunities for participants to assist each other in reconciling any conflict that they were experiencing. Applying Africa, the court determined the church was not a religion because its exhortation to be guided by conscience was entirely a matter of self-determination. Additionally, the court noted that when each individual is the arbiter of his own truth, there can be no common beliefs to unite different adherents.


In United States v. Quaintance, one of the defendants was the founder of the Church of
Cognizance, which maintained that cannabis was a sacrament and deity, and that its consumption
was worship. 471 F. Supp. 2d 1153, 1155 (D.N.M. 2006). The defendant testified that the church adherents sought to live the longest, healthiest life possible, for which the path was narrow.
Id. at 1157. Applying Meyers, the court found that the church addressed only one ultimate idea —
longevity — which was insufficiently profound or comprehensive. Though the court found the

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evidence for metaphysical beliefs to be ambiguous, the defendants presented no evidence that
“good thoughts, good words, good deeds” was anything more than a secular ethical system. In Versatile v. Johnson, the plaintiff, who was a prisoner and adherent of Nation of Gods and Earths (NGE), sought to reverse the prison’s ban on certain texts. No. 3:09-CV-0120, 2011WL 5119259 at *1 (E.D. Va. Oct. 27, 2011). NGE adherents believe that their god, Allah, stands for “Arm Leg Leg Arm Head”, and refers to “to black men and their physical form.” Adherents refer to their teachings as Islam, but recognize the term to mean “I Self Lord And Master”. The central goal of NGE is to gain knowledge of one’s self and become a lord and master of one’s own judgments. NGE teaches that the white man is the devil and that whites are physically and mentally inferior to blacks. Though white people can join NGE, they can never become “Gods” in the sense that black men can. The court also found that, despite using words that connoted metaphysicality, NGE was focused inward on a god that did not exist outside of adherents themselves. The court further found that, aside from the basic tenets of family and black unity, NGE had no moral component, as adherents were “free to decide their own code of personal morality”. Though the court found that NGE had important texts, maintained gathering places, recognized honorary days, and established dietary restrictions, it also found that NGE lacked other accoutrements of religion and held that factor in equipoise. Ultimately, reasoning that there was no ultimate motivation behind NGE teachings other than a self-interested desire to better self and create a strong, unified black community, that NGE was primarily a social and cultural movement rather than a religion.


Conversely, in Dettmer v. Landon, the plaintiff prisoner was a member of the Church of Wicca. 799 F.2d 929, 931–32 (4th Cir. 1986). Wicca adherents practice, for lack of a better word, witchcraft. The district court found that Wicca adherents have a complex set of doctrines
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relating to the spiritual aspect of their lives and a broad concern for improving the lives of others.
The court of appeals affirmed, reasoning that Wicca adherents worship, conduct ceremonies, follow spiritual leaders, seek guidance from such leaders, and study doctrine. The court noted witchcraft’s long history, dating to ancient pagan faiths. Because these beliefs were parallel to that filled by the orthodox belief in God in other religions, Wicca was a religion.
a. Ultimate Ideas
A “religion must consist of something more than a number of isolated, unconnected ideas.”
Africa, 662 F.2d at 1035. Religious beliefs usually seek to answer human kind’s basic questions about life, purpose and death, and other deep and imponderable matters. Meyers, 95 F.3d at 1483.
“These matters may include existential matters, such as man’s sense of being; teleological matters,
such as man’s purpose in life; and cosmological matters, such as man’s place in the universe.” Id.
Ideas about these imponderables address purpose relative the spiritual or intangible world, not
merely a simplistic purpose confined to the physical world. Quaintance, 471 F. Supp. 2d at 1157.
A “‘monofaceted concern’ with race is not a comprehensive system of beliefs about an ultimate
concern.” Versatile, 2011 WL 5119259 at *14.

Mr. Hale states that Creativity addresses man’s purpose — “to perpetrate and advance our own kind,” and, more specifically, “to propagate, advance and expand the White Race, to the highest pinnacle reached in the handiwork of Nature.” He argues that man’s “purpose” need not be spiritual, but can be natural. Mr. Hale asserts that “Nature has chosen our White Race to be the elite species of her realm” in the same way that the Jews were chosen by God “to be a people for Himself.” He insists that Creativity addresses man’s sense of being, which “is that of a racial being,” and man’s place in the universe; the “White man’s place in the universe is that of the highest of all beings.” In this vein, Mr. Hale contends that the whole Creativity religion is

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concerned with the existence of the white race and addresses man’s place in the universe. He asks
if these are not existential matters, what matters are? Mr. Hale maintains that Creativity’s beliefs
are not secular because they themselves believe that such beliefs are sacred. He states that the evidence overwhelmingly shows that “there is far more to Creativity than the mere will to exalt
one race over another,” as purportedly characterized by the BOP, and instead characterizes exalting the white race over other races as “an extremely minute part” of his creed. Mr. Hale characterizes “Nature” as Creativity’s deity notwithstanding what Mr. Klassen wrote in a letter once. Mr. Hale contends that no other religion deals more with questions of life and death, right and wrong, and good and evil; he says other religions leave individual conduct up to the individuals, but Creators “are constantly instructed that the guiding principle of all their actions shall be: what is best for the White Race?” He argues these beliefs reflect Creativity’s obedience to its higher power. Mr. Hale takes umbrage at the BOP’s characterization of Creativity as a violent movement, noting that Creativity is the only religion to forbid illegal conduct, though he immediately concedes it is not a full prohibition, as Creators are permitted to use violence in response to government force or assassination attempts by Jewish people. Mr. Hale’s belief that Creativity is a religion does not make it so; it simply establishes that he strongly believes in its precepts. Creativity beliefs arguably touch on life and purpose, as well as existential, teleological, and cosmological matters, but do so only in service of temporal objectives — to further dominance of the white race. By definition, dominance of the white race
has only temporal meaning — it advocates a hierarchical social structure for human beings during their lifetimes. In that sense, its tenets are purely secular, political, and ideological as compared to spiritual. It is not concerned with the individual adherent’s spiritual well-being, nor with any concept of afterlife, particularly for nonwhites. It is true that Creativity attributes its precepts to


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Nature, but that is just a solipsistic justification for them. The mere existence of an external
referent (Nature, God, Trump, Dr. Atkins) for particular beliefs does not, by itself, make such beliefs religious. Similarly, the borrowing of religious terminology such as “Commandments”, “Golden Rule”, “duty” and “holy” does not imbue a temporal objective with a spiritual quality. Rather, lurking beneath the surface of Creativity’s credos and commandments is the tacit understanding that, in prosecuting the Creativity worldview, whites will relegate nonwhites to bad lands at best and no lands at worst. # 186-29 at 35–36, Creed & Program No. 11. Contrary to Mr. Hale’s assertion, the evidence overwhelmingly shows that there is little more to Creativity than its overbearing will to exalt white people over all others. By limiting itself to the basic questions of white people and a single idea to answer all such questions, Creativity makes it all too clear that it is not a religion, but instead a secular, “monofaceted” belief in white supremacy masquerading as a religion. See Versatile, 2011 WL 5119259 at *14. Like the NGE in Versatile, there is no ultimate motivation behind Creativity teachings other than a self-interested desire to establish white dominance. Id.



In sum, Creativity lacks an ultimate belief system that addresses philosophical and existential issues such as the nature of man, whether there is life after death, what role man plays in the universe, and the like. These beliefs address only the relative positions of people of different races during their lifetimes. Thus, the Court finds that Creativity fails to address ultimate ideas or metaphysical issues because it lacks any cosmological, teleological and existential focus. The ultimate-ideas factor therefore weighs against Creativity being a religion.

b. Metaphysical Beliefs
Religions usually have some element of the metaphysical or supernatural permeating their belief systems, transcending the world, and data therein, immediately apparent to humans.

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Meyers, 95 F.3d at 1483. “Adherents to many religions believe that there is another dimensions,
place, mode, or temporality, and they often believe that these places are inhabited by spirits, souls,
forces, deities, and other sorts of inchoate or intangible entities.” Id. Creation science, for example, is metaphysical because it “depends upon a supernatural intervention which is not guided by natural law.” McLean v. Ark. Bd. of Educ., 529 F. Supp. 1255, 1267 (E.D. Ark. 1982). Mr. Hale concedes that Creativity has no metaphysical aspects and, indeed, eschews them like secular humanism. # 193 at 50–51 (citing Torasco v. Watkins, 367 U.S. 488, 495 n.11 (1961)). He argues it is not necessary for a religion to be metaphysical. While Mr. Hale is correct that a metaphysical aspect is not required, it is important to note that his chosen exemplar, secular humanism, is not without its own controversy when it comes to being considered a religion. Indeed, the Ninth Circuit concluded that the Supreme Court in Torasco never held secular humanism was a religion and rejected a challenge on that basis. See Peloza v. Capistrano Unified Sch. Dist., 37 F.3d 517, 521 (1994). And even though Creativity openly rejects anything metaphysical, it is still an important part of the Meyers analysis determining whether a new movement or belief system can be considered a religion under the Constitution. Thus, the metaphysical factor weighs against Creativity being a religion.


c. Moral or Ethical System
Religions often prescribe an express way of living and interacting with other humans that
could be described as a moral or ethical code, wherein thoughts and actions are considered on a
largely binary spectrum in normative terms like good, evil, right, and wrong. Meyers, 95. F.3d at
1483. This moral or ethical belief structure may create duties to a higher power or spirit, the
pursuit of which causes adherents to reject what would benefit their own elemental self-interest.
Id. “The sort of ethical system contemplated by religion has a religious, as opposed to secular or



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philosophical, connotation.” Versatile, 2011 WL 5119259 at *15.
Mr. Hale notes that Creativity has a golden rule and 16 commandments that comprise a moral and ethical system. # 193 at 53. He argues that these precepts impose duties as Meyers contemplates and are the antithesis of seeking elemental self-interest because Creators are to do what is best for their race. # 193 at 53–54. Mr. Hale is “amazed” that the BOP would say that “self-interest is the very crux of Creativity,” a “bizarre and idiotic statement.” # 193 at 54. He argues that Creativity is every bit as moral and ethical as Christianity; it is just that the BOP does not like what Creativity stands for. # 193 at 54–55. Mr. Hale contends that Creativity is “all about” abnegating elemental self-interest because he chose a harder life fighting for his faith with Creativity than he would have had pursuing his musical career as a violinist. # 193 at 55. He asserts that Creators have a duty to sacrifice themselves for the good of their race. # 193 at 56 Mr. Hale says the BOP is wrong to characterize Creativity as unconcerned with neutral matters that do not benefit or harm white people, as “a benefit or harm to our kind can always be discovered.” # 193 at 56. He notes that Creators “care about the welfare of the animal species of the world as their presence enriches our own lives” even though animals are a seemingly neutral moral or ethical case. # 193 at 57.

Creativity does have a moral or ethical system, found mostly in its commandments. These
commandments take definitive positions on what constitutes good, evil, right, and wrong in Creativity’s belief system. However, the system is less of a system and more of a single, binary
precept as the Court has already discussed. Also at the same time, Creativity creates duties to
itself, not to a higher power. There is no religious connotation to Creativity’s moral or ethical
system; it is entirely based on the secular concern of white supremacy. See Versatile, Versatile,
2011 WL 5119259 at *15.


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No tenet of Creativity causes adherents to reject what would benefit their own elemental self-interest. What Mr. Hale construes as the abandonment of his self-interest — choosing Creativity over the easier path of playing the violin — can indeed constitute the rejection of at least some of what would accrue to his personal benefit. But he does not assert that this career choice was mandated by Creativity’s tenets or even a call to ministry. Rather, Creativity clearly mandates the furtherance of the white race at all costs, which is the embodiment of elemental self-interest. Elemental self-interest concerns a human’s primary, fundamental, baseline requirements and impulses, not a career choice. Thousands of years of history have been rife with warring ethnic groups, characterized by people banding together and taking up arms with genetically similar people. Finding and aligning oneself with ethnic brethren is perhaps the pursuit of self-interest at its most elemental.5 Accordingly, the moral-ethical factor weighs against Mr. Hale because Creativity’s clear system of commandments is not religious in nture and Creativity clearly counsels pursuit of elemental self-interest.


d. Comprehensive Beliefs
Many religions have ideas that are comprehensive in that they espouse an “overarching
array of beliefs” that, in their totality, answer most the believer’s problems and concerns regarding
the human condition. Meyers, 95 F.3d at 1483. Most religious teachings consciously aim to elucidate “the nature both of world and man, the underlying sustaining force of the universe, and the way to unlimited happiness.” Africa, 662 F.2d at 1035. “In other words, religious beliefs generally are not confined to one question or a single teaching.” Meyers, 95 F.3d at 1483. Mr. Hale analogizes Creativity’s golden rule to that of Christianity, arguing that5 This pursuit of elemental self-interest is underscored by CREATIVITY’s express disavowal of a higher power, duties to which typically cause religious adherents to move beyond acting in their basic self-interest.


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Christianity is not confined to a single teaching like its golden rule, and so, too, Creativity goes
beyond its golden rule. # 193 at 44–45. He maintains that Creativity offers an overarching array
of beliefs on subjects such as organic farming, medicines, diet, vaccines, and fasting. # 193 at 45–
46. According to Mr. Hale, the BOP fails to understand that Creativity is for white people but that
does not mean its belief system is limited to the issue of race. # 193 at 46. Rather than a root principle in white supremacy, Mr. Hale says “Creators believe in the Eternal Laws of Nature as revealed through science, history, logic and common sense,” which constitutes the first daily affirmation of Creativity. # 193 at 47. Mr. Hale argues Creativity is much more comprehensive than Christianity because there is no corresponding Christian diet, view of the environment, teaching on personal health, take on politics, take on economics, take on science, or take on medicines. # 193 at 49.

As the Court has already noted, Creativity does not attempt to answer human kind’s basic questions; it either avoids questions or to the extent it has an answer, that answer is reduced to the single-dimensional idea of white dominance. Of Creativity’s five fundamental beliefs, 16 commandments, and 20 creeds (41 total dogmatic points), nine are statements of fact about Creativity (“Your first loyalty belongs to the White Race”), three cover environmental purity (“we plan to put into operation a program of restoring the fertility of the soil”), and 27 can be boiled down to all things in furtherance of the white race.6 In putting forth Creativity’s beliefs on diet,environment, personal health, politics, economics, science, and medicines, Mr. Hale misunderstands the array of beliefs Meyers seeks to articulate. The inquiry is not searching for dogmatic views on this collection of issues; it seeks a cohesive belief system offering answers to 6 The 27 are: fundamental beliefs IV and V; commandments 1–5, 7–13, and 16; and creeds 1, 4– 5, 7–12, and 18–20, all reproduced supra.


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the suite of foundational questions about the human condition: Who am I?, Why am I here?, Where
do I come from?, How does life work?, What happens when I die?, What is my purpose?, and How
should I act?. While it is true that some religions eventually arrive at What should I eat?, these
foundational questions define a religion’s worldview to the point that it may not even proceed to
Who should I vote for?, as Mr. Hale notes of Christianity. Indeed, Creativity does not answer any
of these foundational questions unless they can be answered by all things in furtherance of the
white race. Creativity thus openly confines its theology to a single teaching just as the Republic
focused on a single objective — to shrug off the government and live unfettered — in Hutson.
2018 WL 345316 at *4.

Creativity attempts to compensate for this dearth of comprehensive worldview by repetitive use of words that have a religious connotation. For example, it touts itself as “the only salvation for the White Race.” # 186-10 at 2, Fundamental Belief V. And though salvation has a real meaning (being saved from harm), it has a religious connotation that has nothing to do with Creativity’s belief structure (deliverance from sin). Along the same lines, Creativity’s golden rule references “ultimate sin,” # 186-10 at 2, Fundamental Belief IV, but this usage is untethered from religious sin (transgression against deity) and is instead generic (reprehensible action). A sin against Creativity is a sin against its single-dimensional precept. Creativity also refers to itself as a “faith.” # 186-19 at 12, Commandment No. 14. Obviously, faith can be defined as a system of religious belief, but doing so as Creativity begs the question faith in what?. Reference to the Christian and Jewish faiths is a derivation of these religions’ adherents themselves placing their belief in a deity without proof of the deity’s existence. Creativity adherents place belief in nothing without proof, as the only thing they believe in is themselves and their collective power as a unit of white people — things not unseen. Faith, therefore, along with salvation and sin, are



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words that mean something different in Creativity than in the world’s religions. Creativity also attempts to compensate for dearth of comprehensiveness by proliferation of dogma. One of its three main religious texts is a how-to guide for natural living (Salubrious Living), loosely connected to the beliefs it espouses so stridently in Nature’s Eternal Religion and The White Man’s Bible. To borrow from Mr. Hale’s analogy to Christianity, where Christianity provides a canvas upon which to paint a rich collection of views on the more mundane questions in human kind, Creativity offers a paint-by-number kit rigid in its dogmatic views on current events.


Mr. Hale argues that Creativity is unrelated to the white-supremacist political party that Mr. Klassen created a few years before Creativity, but the conclusion is hard to escape in light of these views on current events. The creeds in Creativity’s Creed and Program (to say nothing of the Articles for Defense of the White Race) read more like a political party’s articles of belief or manifesto, or even plans of conquest, advocating for the expansion of white territory “similar to the historic ‘Winning of the West’”. # 186-29 at 35–36, Creed & Program No. 11. Creativity even has a battle cry — RAHOWA! — that stands for racial holy war. Thus, Creativity’s overarching concern is with personal, social, and political questions. See Conner, 2009 WL 42392 at *11. The comprehensiveness factor therefore weighs against Creativity being a religion.


e. Accoutrements of Religion

Though a secular belief system does not become religious through the use of religious terminology and paraphernalia, many religions have external signs and elements that are indicative of a set of beliefs being religious: a. Founder, Prophet, or Teacher: Many religions have been wholly founded or significantly influenced by a deity, teacher, seer, or prophet who is considered

to be divine, enlightened, gifted, or blessed.


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b. Important Writings: Most religions embrace seminal, elemental, fundamental,or sacred writings. These writing often include creeds, tenets, precepts,parables, commandments, prayers, scriptures, catechisms, chants, rites, or mantras.



c. Gathering Places: Many religions designate particular structures or places as ssacred, holy, or significant. These sites often serve as gathering places for believers. They include physical structures, such as churches, mosques, temples, pyramids, synagogues, or shrines; and natural places, such as springs, rivers, forests, plains, or mountains.




d. Keepers of Knowledge: Most religions have clergy, ministers, priests, reverends, monks, shamans, teachers, or sages. By virtue of their enlightenment, experience, education, or training, these people are keepers and purveyors of religious knowledge.





e. Ceremonies and Rituals: Most religions include some form of ceremony,ritual, liturgy, sacrament, or protocol. These acts, statements, and movements are prescribed by the religion and are imbued with transcendent significance.




f. Structure or Organization: Many religions have a congregation or group of believers who are led, supervised, or counseled by a hierarchy of teachers, clergy, sages, priests, etc.




g. Holidays: As is etymologically evident, many religions celebrate, observe, or mark “holy,” sacred, or important days, weeks, or months.



h. Diet or Fasting: Religions often prescribe or prohibit the eating of certain foods and the drinking of certain liquids on particular days or during particular times.




i. Appearance and Clothing: Some religions prescribe the manner in which believers should maintain their physical appearance, and other religions prescribe the type of clothing that believers should wear.


j. Propagation: Most religious groups, thinking that they have something worthwhile or essential to offer non-believers, attempt to propagate their views and persuade others of their correctness. This is sometimes called “mission work,” “witnessing,” “converting,” or proselytizing.
Meyers, 95 F.3d at 1483–84. Mr. Hale argues that Creativity overwhelmingly demonstrates accoutrements of religion: a


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founder considered to be a prophet; three important writings; gathering places in its churches around the world; ordained keepers of knowledge; ceremonies and rituals such as weddings, child pledgings, and confirmations of loyalty; a leadership structure with its greatest priest at the top, holidays such as Klassen Day, Founding Day, and Martyrs’ Day; a diet and fasting as outlined in Salubrious Living; and a drive to convert people. #193 at 61–64. Mr. Hale notes that Creativity has no prescribed appearance or dress. Creativity has a great many accoutrements of religion. Indeed, it appears to have gone to great lengths to establish as many accoutrements of religion as possible. Accordingly, the
accoutrements factor weighs in favor of Creativity being a religion.




f. Conclusion

To the minimal extent Creativity is religious, its beliefs are derived entirely from secular concerns. See Quaintance, 471 F. Supp. 2d at 1171. Therefore, synthesizing the Meyers factors as applied to Creativity, and viewing all factual disputes in the light most favorable to Mr. Hale, the Court finds that Creativity is not a religion for purposes of the Free Exercise Clause of the Constitution and RFRA.




3. Justification for the Mail Restrictions


Even if Creativity was a valid religion, the Court would nevertheless grant summary judgment to the BOP on Mr. Hale’s RFRA claim (and, by extension, his free-exercise claim) on the grounds that the restrictions on Mr. Hale’s correspondence were justified by a compelling governmental interest and were narrowly tailored to meet that interest. It is beyond dispute that the BOP’s need to maintain security and order within BOP facilities is a compelling governmental interest, Kikumura, 242 F.3d at 962, and Mr. Hale concedes that the BOP also has a compelling interest in preventing its prisoners from using their correspondence to foment criminal activity



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through associates in broader society outside of prison. # 193 at 81–82 (“the Defendant has the

right to prevent crime”). The BOP contends that the mail restrictions on Mr. Hale were necessary because of Mr. Hale’s affiliation with Creativity, which the BOP has identified as a Security Threat Group (STG) since 1993. Although the BOP does not prohibit inmates from affiliating themselves with STGs hile in prison, it does prohibit them from holding leadership roles in an STG and from
conducting STG business or providing guidance to the STG.

It is undisputed that, prior to his incarceration, Mr. Hale previously served as the ostensible
worldwide leader of Creativity — the “Pontifex Maximus”. It is also undisputed that the BOP’s
reason for imposing the 2010 mail restriction on Mr. Hale was because he had designated himself
as “Pontifex Maximus Pro Tempore7 in correspondence to other Creativity affiliates, appearing to again assume a leadership role. The 2013 mail restriction was imposed for different reasons.
In December 2012, Mr. Hale wrote to the leader of the National Socialist Movement, a Neo-Nazi

organization, encouraging it to pursue “mass activism tactics” — namely, “street demonstrations,
rallies in parks, and meetings in public libraries” —to “reach people who don’t necessarily wish to
be reached” with “the Holy Swastika.” The ADX Warden perceived Mr. Hale’s correspondence
to “bridge or merge” Creativity with the National Socialist Movement, and to “urge . . . a white
supremacist group to pursue specific means to fight for their perceived common cause” with
Creativity.

Both mail restrictions are supported by colorable interpretations of Mr. Hale’s words and

7 Since Mr. Hale’s incarceration, a schism has broken out over the true leadership of Creativity.
Mr. Hale’s 2010 correspondence was an attempt to (re)-install himself as temporary leader until an
approved leader could be named.


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actions. In 2010, Mr. Hale was using his prison correspondence to attempt to reassert a leadership
role for himself in a BOP-designated STG, an act for which a mail restriction is clearly an appropriate response. The situation is slightly more ambiguous with regard to the 2013 correspondence, but the BOP’s interpretation that Mr. Hale, long an influential figure in Creativity regardless of his leadership status, was attempting to guide or advise the National Socialist Movement is a reasonable reading of Mr. Hale’s intentions. Thus, the Court finds that the BOP has articulated a legitimate factual basis to believe that, in 2010 and 2013, Mr. Hale was using his correspondence privileges to further the leadership or guidance of Creativity, an STG. This constitutes a compelling reason for the BOP to temporarily restrict Mr. Hale’s ability to correspond with such groups.

Mr. Hale’s response primarily attacks the BOP’s characterization of Creativity as a STG in

the first place. He argues that, because Creativity is a religion — a point the Court concedes for
purposes of this thread of the argument (but otherwise rejects for the reasons stated above) — “it
would be unlawful for the Defendant to classify a religion as an STG and treat all of its adherents
as a ‘group’ in a negative way accordingly.” Mr. Hale cites no authority for this proposition, and
the Court finds it legally unsound. Although the Constitution grants broad protections to religions and their adherents, in the prison context, even religious protections will yield to sufficiently important penological interests. O’Lone v. Estate of Shabazz, 482 U.S. 342, 349
(1987). Thus, in a case like In Re Long Term Administrative Segregation of Inmates Designated as Five Percenters, 174 F.3d 464, 468 (4th Cir. 1999), the court affirmed the state’s classification of an entire religious group as an STG, despite the inmates’ argument that doing so infringed their rights under the Free Exercise Clause. The court found that “there is ample evidence in the record supporting the reasonableness of [the state’s] conclusion that the Five Percenters as a group posed


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a threat to prison safety,” pointing to members having been involved in three serious acts of
violence in the state prison system over a four-month span, plus evidence that other jurisdictions
had identified the group as racist, violent, and an organized threat to prison security. Because there is no legal impediment to BOP identifying Creativity as a STG if the evidence otherwise warrants it, the Court turns to the question of whether the BOP has come forward with adequate evidentiary support to justify that determination. The Court notes several pertinent incidents that bear on the question:

• In 1999, apparently in response to the Illinois bar refusing to grant a law license to Mr.

Hale, a Creativity adherent named Benjamin Smith when on a shooting rampage, targeting black, Asian, and Jewish victims, killing two and injuring nine before turning the gun on himself. Mr. Hale eulogized Mr. Smith, praising his willingness to “take action for his people . . . and spread our sacred message.” Mr. Hale later gave an ambiguous statement on behalf of Creativity, refusing to condemn Mr. Smith’s actions.

Mr. Hale stated that “it’s not he policy of the church to commit crimes, but [due to racial greivances] do not be surprised when a white man of the character and honor of Ben Smith stands up and fights back in the way that he did.” Suggesting that “the future will see more, more Ben Smiths,” Mr. Hale announced that “we cannot condemn a man for doing what he feels in his heart is right, whether it’s outside the tactics of the church or not.” See United States v. Hale, 448 F.3d 971, 975 (7th Cir. 2006)8
(emphasis added).



• In 2000, when the Supreme Court refused to hear Mr. Hale’s challenge to Illinois’ denial of his law license, Mr. Hale left a message to Creativity followers, stating that he “can no longer in good faith and good conscience urge, recommend, or instruct my adherents and supporters in general to obey the laws of this land.” He encouraged his followers to “take whatever actions we deem necessary to resist this tyranny” and stated that “whatever blood is spilled will be on the hands of those who so severely
wronged us today.” 448 F.3d at 976-77.



• In 2002, in retribution for a loss in a trademark lawsuit involving Creativity, Mr. Hale

encouraged members of Creativity to take “any action of any kind” against the presiding judge and the attorneys for the opposing side (all of whom he had labeled “JEWS” or “TRAITOR WHITES”). A Creativity member specifically discussed with 8 The cited reference is the decision by the Seventh Circuit Court of Appeals affirming Mr. Hale’s criminal convictions, discussed below. The Court cites to this document both for purposes of convenience and because the facts therein have been deemed conclusively proven. The same facts are also supported by competent evidence in the record of this case.


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Mr. Hale the idea of “exterminating the rat” – a reference to murdering the presiding judge – to which Mr. Hale responded “my position’s always been that . . . I’m gonna fight within the law [but i]f you wish to do anything yourself, you can, you know?” In further discussions with the member, Mr. Hale repeatedly professed, on one hand, an intention to avoid involvement with the plan while simultaneously giving indirect advice and encouragement to the member to carry out the plan. Mr. Hale was ultimately charged with and convicted of soliciting a crime of violence against a federal
officer and was sentenced to 480 months in prison, the sentence he is currently serving. 448 F.3d at 977–79.

• Creativity’s written principles similarly intimate that violence in furtherance of Creativity’s goals is sometimes acceptable. Article 7 of the Articles for Defense of the White Race, which is incorporated by reference into Creativity’s statement of creed, states that “the crux of our position [is]: Should the [ ] government use force to violate our Constitutional rights to freely practice our religion . . . then we have every right to declare them as open criminals violating the Constitution and the highest law of the land. They then obviously are the criminals, and we can treat them like the criminal dogs they are and take the law into our own hands. . . . We must then meet the force with force and open warfare exists. It will then be open season on all Jews.” Mr. Hale contends that this refers to a “doomsday scenario” that “ha[s] never been applied in the course of [Creativity’s] 44 year history.”



• Between 2005 and 2008, at least two individuals, William White and Hal Turner, were

convicted of soliciting the murder of jurors and others connected with Mr. Hale’s
criminal trial. United States v. White, 698 F.3d 1005 (7th Cir. 2012); United States v.
Turner, 720 F.3d 411 (2d Cir. 2013). It is important to acknowledge that there are no allegations that Mr. Hale knew of Mr. White or Mr. Turner, or that Mr. Hale was aware of or condoned their actions. Indeed, it is not entirely clear whether Mr. White or Mr. Turner were formally adherents of Creativity, or whether they simply shared similar political views. However, it is fair to recognize that both men’s actions were directly inspired by Mr. Hale, his trial, and his prominent public image.

• According to the affidavit of Blake Davis, a former ADX Warden, in 2008, an inmate associated with Creativity used the occasion of Hitler’s birthday to trigger a planned, racially-motivated riot at a BOP facility in Florence, Colorado.



• In 2016, Mr. Hale received an e-mail from a Creativity member who proposed to “take out any of the judges or prosecutors” from Mr. Hale’s criminal trial, if Mr. Hale desired. Approximately one month later, Mr. Hale learned that one of the prosecutors from his criminal trial had been nominated as a federal judge. Mr. Hale issued a press release that, among other things, identified the judge as a “Jewish crypto-homosexual communist,” accused him of “caus[ing] enormous grief to me, my family, and my church,” and suggested that it is my hope that he will one day receive his comeuppance.” Mr. Hale later amended the press release to substitute the phrase “legal comeuppance,” and indicated that he intended to file a misconduct complaint


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against the judge. The Court acknowledges that Mr. Hale strenuously disputes the facts of, or the conclusions to be drawn from, the various events discussed above. He insists that the actions of Mr. Smith (and arguably, Mr. White and Mr. Turner) are the individual, unsanctioned acts of deranged
individuals who disregard Creativity’s directives to refrain from illegal conduct. Further, he suggests that these few rogue actors are “no different than what occurs with Christians, Muslims, Jews, and others on a daily basis.” Mr. Hale insists that the provisions of Article 7 authorize resort to violence only in self-defense and that Creativity does not contend that such time is near. He has numerous disagreements with the circumstances that led to his own conviction, noting that there was no evidence that he did anything other than innocently advise the fellow Creativity member to do what he believed was right.



The Court finds that Mr. Hale’s arguments and factual denials do not prevent the BOP from

legitimately declaring Creativity to be an STG. As noted in Five Percenters, prison officials
enjoy broad latitude in deciding how to effectuate its compelling interests of promoting safety both

inside and outside of prisons. Here, as in that case, there is evidence that Creativity members have engaged in violent rhetoric, inducements to violence, and actual violent acts on multiple occasions. Mr. Hale professes that Creativity is inherently a peaceful and law-abiding religion, but there is adequate evidence to suggest that those principles are frequently disregarded by its members, including Mr. Hale himself. Although Mr. Hale strenuously protests his innocence, he himself has been convicted of soliciting the murder of a federal judge and, unless and until that conviction is vacated, the Court must accept Mr. Hale’s guilt on that offense as having been conclusively proven. Mr. Hale’s suggestion that Creativity may be beset by a handful of bad actors who commit crimes, just as Christian and Muslim adherents commit crimes without


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tarnishing the reputations of other adherents, fails for that same reason: even if the actions of those

Creativity adherents listed above would not justify mail restrictions imposed on an ordinary Creativity member in the BOP, they do justify restrictions imposed on Mr. Hale himself, as Mr.
Hale has used his leadership in Creativity to inspire and induce others to violence. Accordingly,

the Court is satisfied that, even if Creativity were treated as a religion, the BOP has shown that it
had a compelling justification for the mail restrictions imposed on Mr. Hale in 2010 and 2013. The BOP has further shown that the mail restrictions were the least restrictive means that the BOP had to advance its compelling interest in protecting society from harm at the hands of Creativity adherents who might be induced by Mr. Hale. Mr. Davis, the ADX Warden who imposed the 2010 restriction, explained that between August 2009 (prior to which Mr. Hale was again on a mail restriction) and June 2010, the BOP “attempted to manage [Mr. Hale’s] communications on a letter-by-letter basis,” but found that such individualized review of Mr. Hale’s correspondence was insufficient to prevent inappropriate communication with Creativity followers. As Mr. Davis explains, the BOP eventually learned that “it was clear from [Mr. Hale’s] correspondence that he wanted to exert the influence that being Pontifex Maximus gave him.” Thus, Mr. Davis’ explanation reveals that something less than a full ban on correspondence with Creativity adherents was insufficient to prevent Mr. Hale from attempting to exert leadership or control over Creativity. In such circumstances, the BOP has carried its burden of showing that no less-restrictive alternative to the mail restrictions would have sufficed to achieve its compelling interest.

Accordingly, the Court finds that there is no genuine dispute of material fact requiring trial.

Mr. Hale’s free-exercise and RFRA claims fail because: (1) the Court finds that Creativity does not
constitute a religion, and (2) to the extent it does, the BOP has carried its burden of showing that


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the 2010 and 2013 mail restrictions were justified by a compelling governmental interest that was
narrowly-tailored.
B. First Amendment Retaliation


Mr. Hale alleges that the 2010 and 2013 mail restrictions were also imposed against him as

retaliation for his exercise of his First Amendment rights to correspond with other adherents of
Creativity. To establish a claim for retaliation for the exercise of First Amendment rights, Mr.
Hale must show: (1) that he engaged in a Constitutionally-protected activity, (2) that the BOP
subjected him to an action that would chill a person of ordinary firmness from continuing to engage in that activity, and (3) that the adverse action was substantially motivated by the constitutionally-protected conduct. Shero v. City of Grove, 510 F.3d 1196, 1203 (10th Cir. 2007).
It is essentially undisputed that Mr. Hale can establish each of these elements: he clearly engaged in First Amendment activity by corresponding peacefully with Creativity members and the National Socialist Movement. The BOP does not materially dispute that the 2010 and 2013 mail restrictions are adverse actions that might chill the First Amendment inclinations of persons of ordinary firmness. And it is undisputed that the mail restrictions were specifically imposed because of the contents of Mr. Hale’s correspondence.



However, even if Mr. Hale establishes retaliation, the BOP remains authorized to engage in

such retaliation if it is reasonably related to legitimate penological interests under Turner. See Allmon v. Wiley, 483 F. App’x 430, 432 (10th Cir. 2012); Frazier v. Dubois, 922 F.2d 560, 562
(10th Cir. 1990). The Court need not conduct the full Turner analysis, as the discussion above
establishes that the BOP had a compelling justification for imposing the mail restrictions when Mr.
Hale began engaging in correspondence that concerned exercising control or guidance over a validly-designated STG. Thus, even if the BOP’s impositions of mail restrictions were retaliation


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for Mr. Hale’s exercise of his First Amendment rights, those restrictions were justified by
legitimate penological interests and thus, the BOP is entitled to summary judgment on Mr. Hale’s
retaliation claim.
B. Diet Claims


Mr. Hale alleges that the BOP has violated his free-exercise rights and RFRA by refusing to provide him with the diet encouraged by Creativity, which is essentially a diet consisting solely of raw and unprocessed foods (including no canned foods). Once again, consideration of these claims is governed by the more restrictive RFRA analysis that requires Mr. Hale to make a preliminary showing that not be provided his requested diet constitutes a substantial burden on a religious exercise, at which point the burden shifts to the BOP to show that the restriction is justified by a compelling governmental interest and is narrowly-tailored.

Mr. Hale’s first difficulty with these claims is that, for the reasons stated above, the Court
has found that Creativity does not constitute a religion; as such, its demands that adherents
consume a raw-food diet is not a religious observance protected by the First Amendment or


RFRA.9


9 If the Court were to conclude that Creativity is religious in nature, the Court would likely allow

Mr. Hale’s RFRA diet claim to proceed to trial. The BOP has offered a bewildering array of

justifications for refusing to provide Mr. Hale a raw-food diet, including concerns about kitchen
efficiency, cost, pilferage of food by kitchen staff, hoarding by Mr. Hale, fermentation of fruits
into alcohol, security concerns relating to the passing of note or poisoning of identifiable food trays, the fear that fellow inmates will become jealous of Mr. Hale’s diet and join Creativity for the same benefit, and many others. The few courts that have considered some of these concerns have generally found them to not be sufficiently compelling. See Koger v. Bryan, 523 F.3d 789, 800 (7th Cir. 2008) (questioning whether “orderly administration of a prison dietary system” and concerns of efficiency are sufficiently compelling); United States v. Sec’y, Fla. Dep’t of Corr., 828 F.3d 1341, 1346–47 (11th Cir. 2016) (rejecting cost containment and inmate jealousy as compelling reasons). But see Vega v. Lantz, No. 3:04-CV-1215, 2009 WL 3157586 (D. Conn.Sept. 25, 2009) (finding inmate jealousy and cost containment to be compelling justifications).


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C. Denial of Literature



Mr. Hale claims that his free-exercise rights were violated by the BOP’s prohibition against him having a copy of Nature’s Eternal Religion, Creativity’s “Bible,” in his cell. It is undisputed that the BOP has relented on this point, and that Mr. Hale is allowed to possess a copy of the book so long as he is housed at ADX. The BOP argues that, therefore, this claim is moot; Mr. Hale argues that the claim is not moot because, without a ruling on the merits, the BOP could take the book away at any point in the future without consequence. As courts of limited jurisdiction, federal courts are constitutionally required to decide only actual cases or controversies. Hollingsworth v. Perry, 133 S. Ct. 2652, 2661 (2013). The existence of a case or controversy is predicated on the existence of a live case that is not moot. Rio Grande Silvery Minnow v. Bureau of Reclamation, 601 F.3d 1096, 1109 (10th Cir. 2010). A live suit can become moot when the plaintiff “no longer suffers actual injury that can be redressed by a favorable judicial decision.” Ind v. Colo. Dep’t of Corr., 801 F.3d 1209, 1213 (10th Cir.2015).




The BOP represents that so long as Mr. Hale is incarcerated at ADX,10 he is free to have

his literature in his cell. The Court has no reason to question the sincerity of this representation,
and indeed, to some extent, the Court’s adoption of that representation in this Order would likely
prevent the BOP from taking the position in the future that Nature’s Eternal Religion could be
declared contraband at ADX. Mr. Hale offers nothing more than speculation that the BOP might

change its mind later. In such circumstances, the Court is satisfied that Mr. Hale’s claim seeking
10 Mr. Hale does not offer any argument about the effect that a transfer to another, less-restrictive
prison would have on his right to possess the book, and thus, the Court does not entertain that

possibility.


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a copy of Nature’s Eternal Religion is moot. In any event, were the Court to reach the merits, it would find that the BOP has the authority to restrict Mr. Hale’s possession of the book outside of the highly-restrictive context of ADX. An inmate’s entitlement to possess a given publication is evaluated under the Turner standard, which examines: (1) the existence of a rational connection between the prohibition and the governmental interest justifying it; (2) whether there are alternative means of exercising the right claimed by the inmate; (3) the effect that accommodation would have on prison staff and other inmates; and (4) whether obvious, easy alternatives to the prohibition exist at de minimis cost. Jones v. Salt Lake Cty., 503 F.3d 1147, 1153 (10th Cir. 2007). As the BOP notes, Nature’s Eternal Religion contains extensive racially-inflammatory language and ideas, the dissemination of which in a multi-racial prison environment is highly likely to lead to violent conflict among inmates. It is no surprise that numerous courts reaching this exact question have found it
permissible for prisons to ban the possession of Nature’s Eternal Religion and other Creativity
texts under Turner. Birkes, 2011 WL 5117859 at *6 (citing Byrnes v. Biser, No. 06-249, 2007
WL 3120296 at *1–2 (W.D. Pa. Oct. 23, 2007)). Thus, to the extent that the Court were to


conclude that Mr. Hale’s claim is not moot, the Court would find that it is within the discretion of
the BOP to prevent him from possessing Nature’s Eternal Religion or other Creativity texts outside the context of ADX.


D. Remaining Motions


Mr. Hale moves to strike a “fact exhibit” included with the BOP’s reply brief (# 199-1).

Because the Court did not consider the exhibit, the motion is denied as moot. Mr. Hale also
moves to submit declarations from nonparties in support of his summary-judgment response. Mr.
Hale had an opportunity in preparing his response to submit any and all evidence he wished. As a


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lawyer, Mr. Hale was familiar with what evidentiary exhibits he could have attached. The Court

therefore finds his request untimely, but even if it were timely, the Court is satisfied that Creativity’s texts and Mr. Hale’s arguments thereon create a sufficient evidentiary record. Though not styled as motions, Mr. Hale continues to submit filings that allege the BOP has again imposed mail restrictions at various points since this lawsuit was filed. The Prison Litigation Reform Act requires prisoners to exhaust administrative remedies for claims brought under federal law with respect to prison conditions. 42 U.S.C. § 1997e(a). Consequently, Mr. Hale may not freely add an unexhausted mail restriction to his exhausted claims. In any event, Mr. Hale has not even invoked the proper procedure to amend his complaint to add allegations that arose after filing suit. See Fed. R. Civ. P. 15(d) (describing supplemental pleadings). The Court therefore did not consider any mail restrictions outside July 2010 to January 2011 and January to August 2013. As a result, the BOP’s motion to strike these filings is denied as moot.


V. CONCLUSION


For the foregoing reasons, the Defendant’s Motion for Summary Judgment (# 186) is GRANTED. The Plaintiff’s Motion to Strike (# 202) is DENIED AS MOOT, the Plaintiff’s Motion to Allow Declarations by Nonparties (# 206) is DENIED, and the Defendant’s Motion to Strike (# 210) is DENIED AS MOOT. Judgment shall issue in favor of the Defendant.



Dated this 28th day of March, 2018.




BY THE COURT:


Marcia S. Krieger


Chief United States District Judge