homeWelcome, sign in or click here to subscribe.login
     


 

 

Opinion


print  email to a friend  reprints add to mydjc  
Andrew Bergh
Andrew Bergh

November 4, 1999

Praise the law

By ANDREW BERGH
Special to the Journal

"Get ready to receive your miracles!"

If you think I'm quoting the Seattle Mariners' marketing slogan for the year 2000, your favorite channel must be ESPN -- not TBN.

That's TBN, as in the Trinity Broadcasting Network, the recognized leader in worldwide religious programming. Because if you watch TV evangelist shows or follow a television ministry on TBN, you probably surmised I was quoting from a religious advertisement, not a sports promotion.

As I live and breathe, I certainly don't intend to take any potshots at TV evangelists like Paul and Jan Crouch ("Praise the Lord") or Benny Hinn ("This Is Your Day!"). The gospel truth, however, is that television ministries better watch what they say in their mass mail marketing. If Smith v. Tilton is any indication, one key guideline might be, "Don't promise miracles to someone who is already dead."

Remember Robert Tilton? He was one of the country's most popular TV evangelists through the 1980s while leading the Word of Faith Outreach Center Church near Dallas.

(Also one of the most controversial "televangelists," in 1991 Tilton was the object of an ABC Prime Time Live program portraying him as a callous, insensitive fraud. That, at least, is what Tilton alleged in his unsuccessful libel suit against ABC.)

In 1990, Texas residents Norma and Tommie Smith began watching Tilton's telecasts.

Norma was sufficiently impressed that she called the church's prayer line and asked the prayer minister answering her call to pray for herself and her family. This prayer apparently got answered, as Norma soon called a second time to pledge $100 and give the church her name and address.

On October 13, 1990, however, calamity struck the Smith household.

That's when Tommie suddenly died. Looking for comfort, Norma called the church's prayer line a third time and told the prayer minister she needed prayer because of Tommie's death. The minister, of course, obliged.

But if Norma thought her dealings with Tilton's ministry were finished, she was sorely mistaken.

In late January 1991, Norma received literature from the church soliciting a contribution. Although that part wasn't upsetting, the materials also contained some messages for Tommie: "Tommie, this is your miracle day!" "This is your miracle launch into your decade of miracles." "Get ready to receive your miracles." These statements only served to aggravate Norma's grief, as they promised a "miracle day" for Tommie when he was already dead.

Norma sent nary a dime. But she did make a fourth call, this time directly to the church instead of its prayer line. Norma told the person answering her call that she had already reported Tommie's death. She also stressed that the church should send no more materials addressed to either her or Tommie.

But there must have been a bug or two in the ministry's computer.

Just one month later in February 1991, Norma received another communique from the church.

Addressed to Tommie, the mailing said a $100 pledge remained unpaid and demanded immediate payment. The problem was, it also claimed Tommie had personally pledged this amount on Dec. 21, 1990 -- almost 10 weeks following his demise. Pouring yet more salt on Norma's emotional wounds, the church sent an identical letter -- again addressed to Tommie -- the very next month.

Norma continued to receive literature off and on from the church. The mailings finally stopped in April 1992, but only after Norma sued Tilton and the Word of Faith Outreach Center Church in Dallas County District Court. The widow sought damages for, among other things, the emotional distress she suffered from the "miracle day" materials and the two dun letters.

But Tilton and his church had a formidable ally.

I'm referring to the U.S. Constitution, not some Heavenly Being. Moving to dismiss Norma's claims, the defendants argued their marketing materials and letters only set forth their religious beliefs -- and were therefore privileged under the First Amendment.

Although Tilton convinced the trial court that Norma's claims should be dismissed, a Texas appeals court viewed things differently.

It's true, said the court, that the "miracle day" literature merely expressed the defendants' religious faith or beliefs, and was thus shielded from judicial scrutiny.

The two dun letters, however, were another story.

The First Amendment didn't apply to them, said the court, because they instead contained assertions of fact -- to wit, that Tommie had made a $100 pledge two months after his death. Since no religious speech was involved, the court ultimately ruled that Norma could recover damages for whatever emotional harm she suffered from the two untimely letters.

In short, unless they settle out of court, it appears Tilton and his church will face Judgment Day sooner than they expected.


Seattle lawyer Andrew Bergh, a former prosecutor and insurance defense attorney, now limits his practice to plaintiff's personal injury cases. He fields questions via email at andy@berghlaw.com.


Previous columns:



Email or user name:
Password:
 
Forgot password? Click here.