Civil Procedure Keyed to Yeazell
Jin v. Ministry of State Security
Plaintiffs, a group of 51 visiting Chinese Nationals, U.S. residents, and U.S. citizens, alleged violations of their rights under the United States Constitution and Federal and State law by persons associated with the People’s Republic of China. The Plaintiffs practice Falun Gong, a self-improvement discipline. Plaintiffs allege that in an effort to eradicate Falun Gong, the government of the People’s Republic of China published a series of negative articles about the practice in state-run newspapers. Over the next few years, the government issued a ban on Falun Gong literature, and began a media campaign describing it as a cult whose members advocated criminal activity. They further allege that the government ultimately killed 1,500 practitioners, and imprisoned 50,000 more. Plaintiffs further alleged that the Chinese government began a negative media campaign in the U.S. to vilify the Falun Gong practice among Chinese nationals living in the U.S. Ultimately, Plaintiffs filed a defamation suit against the Defendant Ministry of State Security of China, following a news event put on by the Chinese government in which Falun Gong members lit themselves on fire. Plaintiffs alleged supplemental jurisdiction over the Ministry as the defamation suit arose under state law. Defendants moved to dismiss the defamation claim under Federal Rule of Civil Procedure 12b (1) and (6).
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