Listen, my friends, and you shall hear the very
interesting story of a lawsuit brought unsuccessfully by the Virginia
psychologist, aficionado of prone restraint, and practitioner of barratry,
Ronald Federici. As you may have read if you’ve followed this blog at all,
Federici has been objecting for a long time to criticisms of the
recommendations he makes in his self-published book, Help for the hopeless child. He describes his methods as involving
holding therapy—“sequence one and sequence two holds”, and his description
closely resembles the methods used by Foster Cline and his followers, except
that Federici advises placing the child in the prone position, the position
well-known to be associated with deaths in restraint. Federici has objected
strongly by means of lawsuits to comments criticizing these practices. He also
objected to the mere fact of selected quotations from his book being posted to
speak for themselves, but curiously the Amazon “look inside” feature enabled
for his book does not seem to disturb
him—in fact, he must have chosen it.
For the purpose of educating the public about
Federici’s methods, Advocates for Children in Therapy (ACT) has posted
quotationsions from Federici’s book on its website www.childrenintherapy.org.
. For some years now, Federici has been working to
have these taken down (odd, really, when you remember that you can read
practically the whole book on Amazon). He began by bringing complaints under
the Digital Millenium Copyright Act (DMCA), which requires Internet hosts to
take down a customer’s sute that is complained about, until it can be
ascertained whether it is in violation of copyright. However, not surprisingly,
ACT had kept its use of quotations well within the “fair use” guidelines—less
than a certain length, with clear educational purpose, and not being sold or
providing other financial benefit to ACT. Therefore, Federici’s complaints
culminated in decisions allowing the material to be posted again.
Recently, Federici took another approach (and as we
will see later, this approach is a bit of a habit with him). He brought a
lawsuit against two of the leaders of ACT, Larry Sarner andLinda Rosa, for
damages and costs due to the claimed copyright violations. The suit, amounting to
$10,000, was brought in Small Claims Court in Fairfax County, VA—a venue not
far from where Federici lives, but a considerable distance from Linda’s and
Larry’s residences in Colorado. For those of you who have had the good fortune
not to have been sued in Small Claims Court, let me say how this works: first,
you cannot have an attorney with you in this court. Second, the general idea is
that if you do not turn up for the court date, the judge normally will find
against you and may assess whatever a plaintiff has asked. Third, it is
possible to appeal a Small Claims Court judgment to a higher court, and you may
represent yourself there too, but most people agree that hiring a lawyer is a
much better idea.
As it happened, Sarner was able to be in court in
Fairfax County on the court day, May 16. Rosa and Sarner had previously written
to the court rejecting the idea that a Virginia court has jurisdiction over
people’s activities in Colorado, even if those activities are shown on the Internet
and visible to Virginians. (Incidentally, there are clear precedents for this
position in Virginia law.) Sarner went to court prepared to argue against
jurisdiction, but his preparation turned out to be unnecessary-- because Federici
did not appear! The judge asked Sarner whether this kind of suit had
happened before (answer: yes), and ended up sanctioning Federici by awarding
Sarner $1500 in costs.
How has this all come about? Are there no mechanisms
other than the courts for mediating professional disputes or responding to
professional criticisms? Of course there are such mechanisms, and they are used
effectively by the great majority of psychologists. Generally, professional
criticisms and disagreements are made public in professional journal articles,
in presentations at professional conferences, in panel discussions, and in
public debates. The public nature of
these presentations enables other professionals to provide arguments in support
of different positions and, it is to be hoped, increases the probability that a
logical and evidence-based conclusion will be reached.
Regrettably, Federici has taken none of these routes
to dealing with professional criticisms. He has never published any research
evidence to support the methods he advises. He has self-published a book, Help for the hopeless child, in two
almost identical editions. Criticism of the methods advocated in that book had
already appeared before the second edition was published, so it would have been
quite possible for Federici to address the existing concerns in the second
edition, but he did not do so. Nor, as far as I can tell, has he published any
discussion of his treatment methods in any professional journal, or presented
them in any venue that would have allowed critical comment. He did not respond,
as far as I can tell, to criticisms of his some of his recommendations in the
2006 task force report by the American Professional Society on the Abuse of
Children and Division 37 of the American Psychological Association. These facts
mean that there has never been any opportunity for direct debate about either
the theory (if any) behind Federici’s methods or the level of empirical
evidence supporting these methods.
Federici has chosen not to use any of the procedures
that are normal ways of resolving professional disputes and responding to
critical analysis. Instead, he has resorted to personal and legal attacks on
the persons he regards as his primary critics. I will omit any discussion of
the personal attacks, which descended to a squalid level, as can be seen in
quotations from Federici in an article in Harper’s
in 2013 (http://harpers.org/2013/10/cold-war-kids).
(Incidentally, his statement in the Harper’s
article that one of his critics has had a sex-change operation presumably
refers to me, as he has been making this claim for years despite all evidence
to the contrary.)
Let me run through some of Federici’s legal actions
aimed at stopping public criticism of the methods he recommends in his book. (By
the way, I have no way of knowing whether he himself does any of the things he
recommends; following a meeting in court, he once asked me to come and work in
his office, but I did not do so.)
The first legal action taken by Federici in 2009
involved invoking the DMCA (see above) against the Internet host, Project DOD,
then the host of the Advocates for Children in Therapy (ACT) website. This
situation is described at http://blog.ericgoldman.org/archives/2009/12/512f_claim_dism.htm.
Federici claimed that ACT, had violated
copyright by posting quotations from his published work. This complaint was
followed under DMCA by the taking down
of the web pages, etc., until ACT through a counternotification showed that
they had meticulously followed fair use guidelines. Federici’s complaint was followed
by similar complaints by such persons as Nancy Thomas, Gregory Keck, and Arthur
Becker-Weidman, all of whom complained (with equal inaccuracy) that their
copyrights had been violated. The situation culminated in a “reverse DMCA” case
in which DOD, the Internet host, complained that Federici was carrying out
harassment in an effort to get both ACT and DOD off the Internet. The complaint
was dismissed on jurisdictional grounds.
Soon after this lawsuit, in 2010, Federici brought
suit in Fairfax County Small Claims Court against ACT, Sarner, Rosa, myself, Psychology Today (which had posted my
blog at that time), and a number of other people. He charged defamation and
interference with his business and asked for damages from each defendant
($3000, if I remember correctly). I attended the court, representing myself and
ACT. Federici claimed that he had had patients cancel appointments as a result
of what I and others had written on the Internet. He provided a stack of e-mail
printouts in support of this contention, but I pointed out that there was no
evidence that these were real people and that he had not written the messages
himself. The judge found for all the defendants except Psychology Today, which defaulted by failing to appear (and was
most annoyed about the whole thing-- this
is why I don’t have a PT blog any more but also why Federici will never have
one).
Federici appealed the case to the next higher court
(which I have already described at http://childmyths.blogspot.com/2011/06/that-lawsuit-again-ronald-s-federic-vs.html),
and the court dismissed the case on personal jurisdictional grounds. It turned out, in
fact, that I had never written any of the things attributed to me in the complaint,
and it was not known who did write most of them. But Federici saw the bright
side of the outcome and later stated that the judge had recognized him as an
“international public figure”. In fact, what the judge said was that since this
was what Federici claimed for himself, he must understand that the bar for
defamation was much higher than if he admitted to being an ordinary person.
The Internet being the enemy of privacy that it is,
it turns out that Federici has a strong tendency to use the courts for all
kinds of problems, not just to quell professional criticism. If you go to http://www.courts.state.va.us and
search civil cases in general district courts, you can see quite a history
(choose Fairfax County District Court). What’s especially interesting is the
way he has “non-suited” a number of the cases he has brought-- he has terminated the proceedings after having
served the defendants and put them through all the agitation and planning,
taking off work, etc., that occur when people think they must appear in court.
(It’s also interesting, at the same Virginia website and at the similar site
for Maryland courts, to see the number of traffic offenses he has racked up.
There are other places to see other interesting litigation he’s involved in,
but since there are other people involved, I won’t give directions.)
Is all this litigation by a psychologist in
violation of the American Psychological Association’s code of ethics? This is a
slippery problem, and I doubt that inciting to unnecessary litigation is an
offense that can easily be included under ethical issues for psychologists.
However, there are some principles of ethics for psychologists that in my
opinion have been violated by Federici (see www.apa.org/ethics/code/principles.pdf).
One of these principles is that of integrity: “Psychologists seek to promote
honesty, accuracy, and truthfulness in the science, teaching, and practice of
psychology. In these activities psychologists do not steal, cheat, or engage in
fraud, subterfuge, or intentional misrepresentation of fact.” A second
principle is that of justice: “Psychologists exercise reasonable judgment and
take precautions to ensure that their potential biases, the boundaries of their
competence, and the limitations of their expertise do not lead to or condone
unjust practices.” Using the courts rather than normal professional actions to
carry on a professional dispute is, I believe, potentially in violation of both
these principles.
It is my hope that Ronald Federici will publish the
rationale and evidentiary support for his recommended methods in a peer-reviewed
journal. As for myself, I would be more than happy to meet him in a public
debate or panel discussion, even at short notice.
Update: Federici has not filed an appeal in the
recent matter, and the period of time he had to do so has expired.
If any reader is in contact with Patrise Holden, of
the northern Virginia-DC area, would you call her attention to this post? I believe
she would be interested.