Ligonier Ministries Lawsuit, Recapping The Week

I was first informed that Ligonier Ministries had sued me exactly one week ago on September 1. I have yet to be legally served, or even notified in any fashion whatsoever, by Ligonier Ministries or their attorneys. I don't know the court where I've been sued, case number, nothing. The Press told me that Ligonier told the judge that it was "impossible" to contact me, which of course is untrue. I only heard of the case from the Press, specifically Rene Stutzman of the Orlando Sentinel.

The aftermath of the Tim Dick / Ligonier Ministries lawsuit against me has truly been remarkable. I'll recap a few of the more significant things that have happened this week. Being the fair-minded man that I am I'm also providing fair warning to Tim Dick for the Battle Royal that he's in for. Let it never be said that Frank Vance was unfair, even to an opponent. I gave Tim Dick ten days to remedy his fraud against Don Kistler and told him exactly what would happen if he didn't. Apparently he thought I was bluffing. That was the first of his colossal blunders. Suing me was colossal blunder #2. With this article he may want to believe once again that I'm bluffing. That will be colossal blunder #3.

Item #1, The Internet Stuff

My little blog has seen an increase in daily visitors by many orders of magnitude. Dozens of blogs and web sites are now linking to me. Some of those sites bring quite a bit of traffic. For example, Instapundit averages 121,168 visitors a day and over 6000 per hour. Some of the Christian Press blogs have picked up the story too, including Christianity Today and World Magazine.

Item #2, The Press Stuff

I'm told by Press and First Amendment law experts that this case is certain to draw national attention, particularly when it goes to trial. I've been told by the same people that it's a true "David and Goliath" story. The Press loves it because they know the public loves David and Goliath stories. It's self evident that mighty Ligonier Goliath with it's multi-million dollar budget and fat legal war-chest is suing an average David with a SLAPP lawsuit just because David is a whistle blower. Employers and big corporations hate whistle blowers because they hate exposure and the accountability that comes from it. But the Press loves whistle blowers, and they know the public loves them too. Whistle blowers are viewed by most people as heroes.

Any way you slice it this is a losing proposition for Ligonier. Even if they win the legal case (and I'm told by the legal experts that's extremely unlikely) their name will go down in history as "those crybaby Reformed preachers who are so thin-skinned that they won't hesitate to sue if anyone so much as calls them a nincompoop."

Item #3, The Legal Stuff

I've received this week multiple emails from attorneys and First Amendment lawfirms all asking if they could represent me. Ironically one of those firms is quite literally in Ligonier's back yard, and they've got quite a reputation when it comes to First Amendment law. This must be a significant case because all the attorneys that have contacted me this week have offered to handle it pro bono. They've all confirmed to me that one of the reasons they want this case so much is because they intend to set a precedent with it and they're dead serious about winning. They'll take it all the way to the US Supreme Court if necessary. One of the lawyers who contacted me this week routinely prepares cases to go before the Supreme Court, including First Amendment cases. He too is eager to help in the case, and he like the others offered to do it pro bono.

If part of Tim Dick's strategy was to use Ligonier's significant financial assets as a legal war-chest to drag me through expensive litigation that I couldn't afford, and force me to quickly settle (the SLAPP lawsuit strategy), then Tim Dick made another colossal blunder. The reality is that it is Ligonier that's going to be financially hurt by this. Ligonier's donors should think very carefully if they want their contributions squandered away like that.

In 2004, the first year in which Tim Dick assumed the position(s) of President/CEO/CFO (talk about a lot of unchecked power in one guy's hands!), and the same year in which RC Sproul effectively ceded his governing power to Dick, Ligonier went from spending nothing on attorneys to suddenly spending $64,350.00 (this according to Ligonier's tax returns). I don't know if I'm the first person that Ligonier has ever sued, but I do know that under Tim Dick there have been a number of others that received very threatening letters from Ligonier's attorneys. Tim Dick routinely uses lawyers to intimidate and bully his way, especially when it comes to shutting up whistle blowers.

Just imagine, Ligonier Ministries is about to go down in history not because anyone remembered them for being some of the preeminent contemporary luminaries of Reformed theology, but because they lost as the Plaintiff in a landmark First Amendment case that set a precedent for all other bloggers. I can't think of anything more tragic than for Tim Dick to leave that as his legacy for Ligonier Ministries. "Ligonier vs. Vance" will become a common household phrase and the first thought of every blogger and webmaster as they sit down at their computer.

The way things have shaped up this week I can easily assemble a formidable law team of America's top First Amendment legal experts, all at no expense to me, and bury Ligonier in the legal nightmare of their life. As it goes to trial it will likely become a major media event. All anyone has to do to get lots of Press attention is to mention that freedom of speech is being threatened by a multi-million dollar corporation.

Is any of this what I personally really want to see? Do I want to become famous like this? To be perfectly honest about it that might actually be fun, but if it means that Ligonier Ministries gets destroyed in the process (and that likely would happen) then that would tend to dampen my enthusiasm. I have no interest in seeing Ligonier Ministries harmed. The problem isn't Ligonier, the problem is Tim Dick. Those who accuse me of being motivated by bitterness or "grandstanding" or having a vendetta against RC Sproul simply don't know what they're talking about. Those who know Tim Dick know that he's unfit to govern a ministry of any kind, let alone Ligonier. He needs to step down and go find a job that he's competent to do and where strong personal ethics aren't obligatory.

If Tim Dick doesn't have any more common sense but to insist on going through with this lawsuit, a lawsuit which will likely be the ruin of Ligonier, then I'm not about to make it easy for him either. The fact is that by his own folly Tim Dick has backed Ligonier into a corner to take a shellacking. Right now it's entirely up to Tim Dick where we go from here. Given Tim Dick's foolish behavior thus far I'm only anticipating more folly in the future. Common sense is clearly not ruling the day at Ligonier.

Item #4, The Biblical Stuff

"Let not many of you become teachers, my brethren, knowing that as such we shall incur a stricter judgment." (James 3:1) While I certainly have biblical obligations on me, there's no question but that there's a much greater obligation, a "stricter judgment," on Ligonier Ministries. What they've done by circumventing 1 Corinthians 6 is wholly inexcusable, regardless of what I've done. Some have attempted to fabricate easy escape clauses, claiming that my conduct proves that I must not be a Christian and therefore Ligonier isn't barred by 1 Corinthians 6. Without even knowing me apparently such men are eager to consign me to Hell, all the while railing against me for being "judgmental." In their blindness they can't see the magnitude of their own hypocrisies.

On World Magazine Blog Mark asks the question, "Did anyone within the Ligonier heirarchy approach Mr. Vance with the offer of arbitration before filing a lawsuit?" (comment 77) The answer is no, they made no such attempts. The lawsuit came as a complete surprise and shock, with no prior warning, and as I've already stated, even without any notice whatsoever after they'd filed it. What they've done isn't just unbiblical it's even legally unethical.

I've been asked, "Prior to publicly posting your allegations against Tim Dick of his fraud were attempts made to comply with Matthew 18:15-17?" The answer is yes. In the two years prior several godly men have repeatedly made biblically based attempts to bring Tim Dick back to he negotiating table to right Tim Dick's wrong. For two years he evaded and dodged responsibility. Tim Dick has never denied what he's done. Tim Dick is still not denying what he's done. Four simple words would now create a real problem for me, "I didn't do it." But Tim Dick can't say that without impugning the good names of those godly men who are witnesses to his fraud.

I've been asked, "Where is the evidence? Where's the proof to back up your allegations?" The evidence is the testimony of several godly men who have first-hand knowledge. Tim Dick has repeatedly been confronted with that testimony. He's never denied it and he's not denying it even now. The burden isn't on me or those godly witnesses but on Tim Dick to deny the charges. Given the multiple witnesses who have accused Tim Dick of defrauding Don Kistler, and Tim Dick himself refusing to deny the charges when repeatedly confronted with them, that makes for a very strong prima facia case. The fact that Tim Dick has now SLAPPed me only serves to confirm that. As Carson Allen commented at Challies (#44), "So why didn't somone from Ligoner just rebut Vance and get it over with. They can turn out hundred page books rebuting the grandest of heretics (rightley so); but they find it dificult to do the same with Frank."

Some may counter, "But how do we know you're telling the truth? You haven't named those witnesses, and they haven't come forward to testify directly themselves." Fair enough. Those witnesses have at this time chosen to remain unnamed while they work to resolve matters with Tim Dick "in house." I believe that I'm duty bound to not publicly name them, or any of my sources for that matter. None of them asked me to do this, but none of them have asked me not to either, and they haven't contacted me since to tell me to stop. I won't say that they necessarily condone what I've done. I don't honestly know, but I think it's safe to assume that if they wanted me to stop they would've informed me by now.

It's been confirmed to me this week that the exposure that's come because of this blog has compelled Tim Dick back to negotiating table. Considering the fact that Tim Dick has evaded responsibility for two years that's a very positive sign... maybe. On the other hand Tim may just be stalling for time. Tim Dick has asked at least one significant insider, "What should I do?" He was told, "Give Don back his ministry." Don Kistler has a significant investment in Soli Deo Gloria Ministries, some twenty years of his life's work. That investment in legal parlance is called an "intellectual property right."

Regardless of what I say there are those who have criticized me and even called me a liar. They've already made up their minds in spite of the prima facia evidence. To those people I would say take notice how the allegations are only corroborated by the fact that Tim Dick has yet to publicly or even privately deny the allegations. All it would take to publicly humiliate me is four little words from Tim Dick, "I didn't do it." But the best Tim Dick can come up with is an unbiblical SLAPP lawsuit in an attempt to shut me up. For the naysayers I would urge you to contact Tim Dick yourself and ask him, as I asked him, and see if you can get a straight answer.

Some have inquired, "Since it was Don Kistler who was defrauded why hasn't Don Kistler stepped forward and made a public statement?" The answer to that should be self-evident. Given what's just happened to me isn't it obvious what would have happened to Don Kistler? He too would have been SLAPPed, and he well knows it. But if Don Kistler hasn't been defrauded then no harm could come to him by stepping forward now and saying so. Take notice of the fact that Don Kistler hasn't done that.

On Christian blogs and other web sites opinions on this seem fairly consistent. At least some seem to be in agreement in thinking that what I've done is wrong, and they claim Matthew 18:15-17 in defense of condemning my actions. For outside observers it'd be easy to make such assumptions, but what they don't understand is that all attempts to employ Matthew 18 with Tim Dick have failed. Christian blogs also seem perhaps even more concerned over the fact that Ligonier has blatantly violated the prohibitions of 1 Corinthians 6, and they should be troubled over that. Ligonier's actions set a deplorable example for a Bible-believing Christian ministry.

Bloggers with far more readers than I've had have routinely said critical things of Billy Graham's ministry, and many other Christian ministries, but they all know better than to sue over it. Rather than being thin-skinned they just wisely ignore it. Even if it could be shown that I was wrong, any alleged wrong on my part can in no way justify Ligonier's much greater sin and folly.

Item #5, The Practical Implications of Ligonier Ministries Attempts To SLAPP (Silence) Frank Vance

Even if Ligonier's lawsuit were to prevail (and the odds of that are remote) Ligonier Ministries has little likelihood of preventing the facts from still being reported. I've been anonymously contacted by several bloggers who tell me that they've already mirrored my blog and are prepared to bring multiple sites up the moment this blog disappears. "If your site goes down we'll put up ten more to replace it." One such web site, I'm told, is outside the United States and therefore outside the jurisdiction of US courts. This isn't anything that I've solicited or instigated, and it's outside my own control. If need be I could ask them not to do so but since they're people I don't know I can't make them do anything one way or the other.

Even if Tim Dick is "legally" successful he's already lost. Everyone already knows, and all his lawsuit has done is magnify his own exposure. Foolish move. Once it officially goes to trial the exposure will only ratchet up several orders of magnitude, and very likely into a national media event.

Any way you slice it this is a no-win for Tim Dick, but I'm not the least bit concerned for Tim Dick. I am concerned however for all the damage that will befall Ligonier Ministries.