1st & 13th Amendments
Understanding the First and Thirteenth Amendments in This Case
The First Amendment:
Protecting Free Speech and Expression
The First Amendment is one of the cornerstones of American freedom. It guarantees your right to speak, express yourself, and associate with others without government interference—whether through art, religion, education, or lifestyle choices.
In the case of OneTaste, the First Amendment protects:
• Teaching and Ideas: OneTaste’s classes and practices, like Orgasmic Meditation, involve teaching, speech, and sharing ideas about sexuality and empowerment.
• Freedom of Association: Adults choosing to attend events, live in shared spaces, or participate in this unique community is a protected right.
• Freedom of Religion or Philosophy: The government cannot criminalize spiritual or philosophical practices simply because they are unconventional or challenge societal norms.
However, in this case, the government has taken issue with the content of OneTaste’s teachings and community structure. The charges focus on things like “recruiting” people who’ve experienced trauma and encouraging adults to engage in personal growth through intimate practices—actions protected under the First Amendment.
But here’s the twist: the government has paired this protected speech with accusations of criminal activity, which creates a chilling effect—not just on OneTaste, but on anyone sharing bold or unconventional ideas.
The Thirteenth Amendment: Ending Slavery and Involuntary Servitude
The Thirteenth Amendment was ratified in 1865 to abolish slavery and involuntary servitude in the United States. Over time, Congress has passed laws, like the Trafficking Victims Protection Act (TVPA), to enforce this amendment and combat serious crimes like human trafficking and forced labor.
But this case raises a critical question: Does the Thirteenth Amendment apply here?
The government has charged OneTaste with a “forced labor conspiracy” under the TVPA. Yet, the facts presented don’t align with the severe conditions the Thirteenth Amendment was meant to address, such as coercion through violence or threats.
For example:
• “Serious Harm” Standards: The law requires proof of threats or harm severe enough to force someone to work. Being criticized, ridiculed, or feeling social pressure doesn’t meet this standard.
• Freedom of Choice: Participants in OneTaste’s programs were consenting adults, free to leave, decline participation, or pursue other options.
The misuse of the Thirteenth Amendment here sets a dangerous precedent: conflating unconventional, consensual practices with forced labor dilutes the seriousness of true cases of slavery and exploitation.
Why This Matters
The First and Thirteenth Amendments are designed to protect us from government overreach, but in this case, they’ve been twisted to attack freedom of expression, association, and choice.
This trial isn’t just about OneTaste—it’s about who gets to decide what’s acceptable speech, expression, and practice in our society. If the government can redefine “forced labor” to include consensual activities or use charges to silence ideas it doesn’t like, it sets a dangerous precedent for everyone.
When freedom of speech and association are under attack, it’s not just a community at risk—it’s the foundation of democracy.
The Media Storm
In June 2018, everything changed. Bloomberg Businessweek published a sensational article by journalist Ellen Huet, leveling unverified allegations against OneTaste, its co-founder Nicole Daedone, and head of sales Rachel Cherwitz.
The article, released during the height of the #MeToo movement, painted OneTaste in a damning light, claiming criminal misconduct without substantiated evidence. The fallout was immediate: public outcry, reputational damage, and a sudden investigation by the FBI.
The Journalist’s Failings
Huet’s article has since been debunked for its lack of rigor and reliance on anecdotal accounts. The story omitted critical facts, ignored scientific research supporting OM, and failed to present balanced perspectives from OneTaste’s thousands of satisfied participants.
In a troubling twist, this same journalist later appeared as a commentator in a Netflix “true crime documentary,” discussing an active FBI investigation—a conflict of interest that raises serious ethical questions about the media’s role in shaping public perception.
The Cost of Bad Journalism
The Bloomberg article not only destroyed a thriving business but also weaponized public sentiment against two women who had dedicated their lives to empowerment and healing.
The FBI Investigation
Within months of the Bloomberg article, the FBI launched an investigation into OneTaste. For five years, the government poured resources into the case, with little to show for it.
In 2023, an indictment was handed down, charging Nicole Daedone and Rachel Cherwitz with a single count: conspiracy to commit forced labor. This charge is unprecedented—never in U.S. history has this accusation been brought without accompanying substantive crimes or direct evidence.
Key Facts About the Indictment:
• A “Victimless” Conspiracy: No forced labor was identified, and no victims have come forward.
• A 12-Year Alleged Conspiracy: The indictment spans 2006–2018, even though the co-defendants didn’t meet until 2007 and Daedone sold the company in 2017.
• Unusual Timing: The indictment was filed five years after the alleged conspiracy ended.
Prosecutorial Misconduct:
Serious issues of misconduct have plagued the case, including:
• Holding privileged documents for 30 months without notifying the defense.
• Encouraging witnesses to destroy evidence and bypass legal disclosure requirements.
• Seizing funds based on false statements in warrant applications.
What’s Really Happening?
Despite thousands of hours of investigation, the government’s case is vague, confusing, and lacks concrete evidence. Prosecutors have repeatedly suggested that OneTaste look to the media to “find out” what crimes were being investigated.
The financial burden of defending against this investigation has destroyed the company, depleted resources, and damaged reputations.