To prevent its members from posting criticisms of its Board of Directors ("BOD") on the Magic Castle’s ("MC") Internet Bulletin Board ("BBS"), in October of 1998 the Academy of Magical Arts ("AMA"), shut down and removed the MC BBS from the Internet. Additionally, the BOD unequivocally denied all members access to the AMA membership list. Note: California Law provides for access to the membership list for any legitimate and reasonable purpose by any regular member of AMA.
By shutting down the BBS and refusing legitimate requests for the AMA membership list, AMA became the only one of the more than 62,000 California Nonprofit Public Benefit Corporations whose members had no way of communicating with one another regarding the affairs of the corporation. The cowardly act of the AMA’s Directors in closing down the MC BBS effectively silenced all criticisms.
I have called attention to the above many times on this website. I do not know whether my postings had anything to do with it, but now, in what is undoubtedly the most disingenuous piece of propaganda and Orwellian double-think yet devised by the likes of Dale Hindman, Bruce Cervon, and the rest, the AMA BOD has provided AMA members with a censored BBS that they call a "Forum".
However, the new BBS bears no resemblance to a forum. The American Heritage Dictionary (Second College Edition) defines "Forum" as follows:
1."The public square or market place of an ancient Roman city that was the assembly place for judicial and other public activity. 2. (a) A public meeting place for open discussion. (b) A medium for open discussion, as a radio or television program." (Emphasis added)Considering the BOD’s October 1998 closing of the MC BBS, and reading the terms of the agreement to which an AMA member must consent in order to post anything on the new MC Forum, it becomes rather obvious that the AMA BOD will not allow the posting of any criticism.
Declaring the rights of California citizens, Article I, Section 2, of the California Constitution states: "...(a) Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press. (Emphasis added)
A cursory perusal of the introduction to the MC Forum, found on the MC Internet website, reveals the AMA Directors’ total disregard for the fundamental right of free speech as set forth in both the California Constitution and in the First Amendment of the United States Constitution.
What is more preposterous is that a member cannot access the MC Forum without consenting to the terms of the above-cited agreement. I suspect that the yellow-bellied AMA Directors paid some scumbag lawyer—with our dues money—to write the legally invalid agreement denying AMA members both their membership and constitutional rights.
The AMA would likely argue that because the new BBS is not a public bulletin board, they have the right to censor messages before they post them. Although it is unlikely that the matter will ever be litigated, it is my contention that the BOD cannot arbitrarily edit, approve or disapprove of any message directed to the membership. That would amount to prior restraint, which violates both the California and the United States Constitutions. Not withstanding the law and litigation, the idea that the BOD should question our membership’s morality and decency by censoring their postings is outrageous! Remember that a Forum provides for free and open discussion. Forums do not tolerate censorship. Indeed the terms "forum" and "censor" are antithetical.
The above referenced agreement not only denies members their right to voice their opinions; it actually threatens disciplinary action and criminal prosecution. What the hell is going on and why has no one objected? Are you going to allow Bruce Cervon, Dale Hindman or any other AMA Director to decide what you can or cannot say in your Forum?
Following are some pertinent portions cut and pasted from the above referenced agreement.
"The AMA has no obligation to monitor the Content on the AMA Forum. However, the AMA reserves the right to review all Content posted to the AMA Forum and to remove and/or edit any Content at any time, in its sole discretion. The AMA reserves the right to terminate your access to the AMA Forum in the AMA’s sole discretion, at any time, without notice, for any reason whatsoever."(Emphasis added)
"The AMA reserves the right at all times to disclose any information as the AMA deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Content, information or materials, in whole or in part, in The AMA's sole discretion." (Emphasis added)
In another paragraph of the Board’s elimination of free speech manifesto, the BOD alludes to the content of messages that AMA members might want to post:
"...Content which is inappropriate, profane, defamatory, obscene, vulgar, tortious, libelous, harassing, abusive, threatening, harmful, pornographic, racist, lewd, lascivious, filthy, violent, indecent, unlawful, invasive of another person’s privacy, or otherwise objectionable in the sole discretion of the AMA." (Emphasis added)
The above excerpts from the MC Forum Access Agreement are an insult to our intelligence. An endorsement of these terms is tantamount to approving thought control and thought police and raises questions such as: Which BOD member will decide what is profane and what is obscene? Bruce Cervon, Dale Hindman? Who will judge indecency: Lew Horwitz? Which one of AMA’s virtuous Directors will identify filth? Will Billy McComb edit out the lewd and lascivious portions of the members’ posts? What criteria will the BOD use to determine what is "otherwise objectionable?"
In October of 1998, Bruce Cervon claimed that my calling attention to the fact that he receives the lion’s share of the bookings coming from leads generated by people calling the MC switchboard was objectionable and that I had no right to make that comment.
In October of 1998, AMA Director Ron Wilson decided that my observations that the MC switchboard referred all inquiries regarding the employment of magicians for parties outside the MC to Wilson’s telephone number and that AMA paid his telephone bill with our dues money were objectionable.
Wilson also felt that it was improper for me to tell our membership that Wilson collects a commission from the magicians that he books—mostly Billy McComb, Bruce Cervon and Monte Smith—and that I had no right to call his flagrant misappropriation of a corporate opportunity to the membership’s attention.
Despite the fact that the California Corporate Code governing the AMA clearly states that any member in good standing, having good reason for the request, must be allowed to inspect the minutes of board meetings, in October of 1998, BOD member John Scanlan felt that my comments regarding the AMA BOD’s refusal to allow me and AMA member Bruce Sandercock to see the minutes of a BOD meeting were objectionable.
Having found my requests, observations, comments and criticisms to be objectionable, Scanlan, Cervon and Ron Wilson--who obviously felt that they were beyond criticism—each wrote a letter to Dale Hindman complaining of my criticisms. Hindman read the letters, and agreeing that my criticisms were objectionable, suspended my AMA membership without the hearing required by California law.
These same people have now appointed themselves as arbiters of morality: sickening, disgusting and reprehensible!
While Scanlan is no longer on the BOD, Cervon, Ron Wilson and Dale Hindman still serve; that is scary!
Yesterday afternoon I found a beautiful postcard in my mailbox. The card displays a miniature reproduction of a 1920 poster advertising Harry Blackstone Senior’s Magic Show. While the Blackstone lithograph graces its face, the advertising on the opposite side of the card exemplifies the abuse of our organization’s nonprofit status by Milt Larsen and his puppets: Mark Wilson, Ron Wilson, Bruce Cervon, Billy McComb, Monte Smith, Lew Horwitz, Dale Hindman and now Gay Blackstone.
It appears that Sotheby’s is auctioning off the Blackstone Magic Collection on ebay, and the above referenced postcard announces the auction and viewings of the collection. There is no suggestion that the auction will benefit any charities or serve to benefit the public. Interestingly, the card makes no mention of the beneficiary of the auction: AMA Director, Gay Blackstone.
The card advertising the auction raises some questions regarding the abuse of AMA’s nonprofit status by its Directors.
Questions:
Several members in attendance at the recent AMA town hall meeting informed me that the BOD members in attendance evaded many questions, and that there were many questions not addressed. I would like to post these unanswered questions on the new AMA BBS. However, posting on the MC "Forum" presents a problem: I would have to consent to the terms set forth in the above-cited agreement.
Paraphrasing Thomas Paine, I refuse to prostitute the chastity of my mind by consenting to waive and abandon my constitutional right to voice my dissent and to question the integrity of elected officials, be they public or corporate.