Fascism, since Reich, either in a foreword or in added material, mentioned orgone energy in
the English editions of these works.
The complaint argued that although Reich made a disclaimer of a cure from the use
of the accumulator, he published case reports where great benefits were reported. However,
in many instances the complaint distorted what Reich or others had written. For example, it
quoted one of Reich’s case histories which stated that a brain tumor was destroyed “as early
as two weeks after the beginning of treatment.” It omitted the conclusion to the case given
in the same paragraph: “But the detritus from the tumor filled and clogged the lymph glands
and the patient died.”^23
The complaint concluded with a “prayer for relief,” asking that the defendants and
“all persons in active concert or participation with any of them, be perpetually enjoined”
from shipping accumulators in interstate commerce.
The FDA was entirely within its mandate in this first plea. It was up to Reich in his
defense to demonstrate that the FDA’s investigation was biased and its tests unscientific. It
rested upon him to bring forth his own positive evidence for the accumulator. However, the
plaintiff further “prayed” that the defendants and “all persons in active concert or in partic-
ipation with any of them, be perpetually enjoined from directly or indirectly doing or caus-
ing to be done any act,whether oral, written or otherwise in the manner aforesaid or in any
other manner, with respect to any orgone energy accumulator device.” In this request the
FDA demonstrated that it was out to stop not just the accumulator but orgonomic research.
For, as Reich later correctly reasoned, almost anything he wrote or said about orgone ener-
gy could be construed as being connected, directly or indirectly, with the accumulator. Here
the FDA was directly attacking freedom of speech and freedom of the press.
It should be emphasized that the complaint did not in fact seek the destruction or
emendation of any of Reich’s publications. This goal was revealed, as we shall see, in the
injunction decree itself; it was merely inferred by the second part of the complaint’s
“prayer.”
The complaint was signed by Peter Mills,U.S. Attorney for the state of Maine. Here
we discern another of the squalid subplots that flicker through Reich’s story. For several
years, in the late 1940s and early 19508, Peter Mills had acted as the lawyer for the Wilhelm
Reich Foundation. He had even discussed the FDA investigation with Reich. Conceivably,
Reich could have made a considerable legal issue of his former lawyer’s becoming his pros-
ecutor.But he never chose to do so.
Reich was stunned to receive the complaint from a federal marshal, William
Doherty. For three days he could not act. When he recovered from this state of shock, his
first response was to consider complying in the eventuality that the Portland court might
enjoin the accumulator alone or all of his activities. Initially, Reich was also favorable to the
idea of the New York orgonomists, taking over responsibility for the defense of the accu-
mulator in court. According to Baker, “he felt that his responsibility was that of a scientist,
making discoveries but not having to defend them in court. However, if the physicians
wished to take any action they could.” Baker and other orgonomic physicians based in New
28 : The FDA Injunction and Reich’s Responses: 1951-1955 389