Tuesday, November 2, 2010
KingCast warning to SCOTUS Justice Elena Kagan and the U.S. Senate: Senator Kelly Ayotte hates Open Government and Free Press and she’s coming your way.
(Rough draft, final tonight with short video)
Pictured: Bought-and-sold mouthpiece corporate shill WMUR “Journalist” Adam Harding loving it up with Kelly Ayotte on her party bus, then hating on KingCast like there’s no tomorrow.
In a precedent-setting opinion on a Temporary Restraining Order in NH District Federal Court today, the Court declined to apply the Pruneyard line of public forum cases to case law in New Hampshire to allow an independent journalist access to publicly-advertised rallies where other media are routinely allowed.
Note: The Defendants sandbagged Plaintiff with a Memorandum this morning noting the New Hampshire case of Kay v. Bruno, 821 f.2d 31 (1987), which was enough to win the TRO hearing. Mr. Kay was looking to speak on a Democratic platform, but Plaintiff was just trying to cover the news, a distinction worth noting. Plaintiff will be following up after researching the line of cases set forth here:
Moreover, the California Courts in 2007 slammed that rationale in this San Diego mall case, Fashion Valley Mall, LLC v. N.L.R.B. 42 Cal.4th 850, 172 P.3d 742Cal.,2007, which echoed the case of Pruneyard Shopping Center v. Robins, 447 U.S. 74 (1980), argued by Plaintiff. Counsel for Defendant erroneously told the Court that such decisions were falling out of favor so don’t look for this case to go away any time soon and there will be an appeal should the Court dismiss the case in full.
Hot links and KingCast short movie regarding today’s events is coming after a trip to the ballot box.
Under the Pruneyard line of cases the balancing test must be employed to determine when the public interest outweighs the privacy interests of a particular forum. Curiously, no one from the Crowne Plaza or the VFW appeared to testify today that they were truly interested in preserving the private nature of the venue at a publicly advertised rally against the intrusion of Yours Truly.
The Plaintiff, Christopher King, J.D./KingCast.net & Chris King’s 1st Amendment Page blog asserted that private fora may take on the character of semi-public fora when political parties use mass mediat to invite the mass public to them, and use local police to expel journalists who have adverse opinions.
King sued the Kelly Ayotte Senate Campaign (“Friends of Kelly Ayotte”), the State and Nashua GOP and the Nashua Police for throwing him out of events even after he was admitted, solely because of viewpoint-based discrimination. Plaintiff is the only black journalist to be ejected, the same way that John McCain did this two years ago to another black reporter (hot link). The Defendants claim that they were trying to protect Kelly Ayotte from some sort of possible threat from Plaintiff’s Canons.
The threat is that KingCast would be allowed to directly pose questions to Kelly Ayotte about her terrible history as NH AG (hot link).
Concerned that the Court might decide in King’s favor, the Defendants asked the Court to issue a $1M bond, even though there is no additional cost whatsoever to allow Plaintiff to take a few pictures and to ask a few questions.
Here in Boston Plaintiff sits in the press gallery for President of the United States at the Hynes Convention Center (a private venue) and shoot video of Governor Deval Patrick in a public venues (pictures link). Plaintiff has issued adverse commentary about both of these men yet neither of these men have threatened him with arrest.
Bought-and-sold embed reporters like WMUR’s William Harding would never dare discuss such matters, so as the case continues and more facts are gathered and law is argued the public can get an opportunity to see why Defendants want to keep Plaintiff’s brand of journalism at bay, because it has produced other licensed counsel to file a Wrongful Death lawsuit against State entities that engaged in a dereliction of duty in the 2007 Franconia shooting tragedy chronicled herein.
A Hollywood big screen movie is on the way from producer Dorothy Aufiero and the pen of Boston crime writer Casey Sherman, as he, Plaintiff and retired Franconia & Sugar Hill LE Bradford Whipple all agree that there was a complete lack of any real investigation into that tragedy when a young man named Liko Kenney shot and police officer Bruce McKay and a multiple-felon named Gregory Floyd summarily shot and killed Mr. Kenney without saying a word.
It is indisputable that Kelly Ayotte’s official report completely lied about Floyd’s actions as noted in the “Official Kelly Ayotte Senate Victory Video.” Ayotte, bought-and-sold by Law Enforcement, cleared Floyd in 24 hours and he subsequently went on to threaten gun violence against his frail middle-aged neighbor, Alma Jean Boisvert. Floyd sits in prison to this day for that and other criminal violations. Sherman credits Whipple and King for running the case in terms of a real investigation (video link.)
The Court said the the racial claims were merged with the property decision but there's a problem there: You don't need State Action on the race claims, more on this later and in Plaintiff's Amended Complaint.
The Good News is twofold:
1. The Court impliedly rejected the Defendants’ bogus assertion that KingCast is not a journalist.
2. KingCast is free to disseminate this information to all of Kelly Ayotte’s political foes so that they know precisely what she’s about.
And she’s about a whole lot of trouble for Civil Rights, and collusion with Big Buck corporate interests in the Cayman Islands (hot link).