26 July 2006

KingCast welcomes NH Dr. Terry Bennett and the First Amendment.

Dr. Bennett's successful First Amendment defense (noted here on NHPR) of his extremely unprofessional conduct is going to be great for Cheshire County Judge Arnold if any measure of prosecution is to continue against me. Here's why:




Everybody knows that any criminal case against me for anything is sheer and utter poppycock, particularly in light of the case law established in NAACP v. Button, 371 U.S. 415 (1963) as this syllabus shows, and in light of the fact that the testimony and exhibits will show that all I did was issue an extremely professional Demand Letter and attempt to forward a case of likely police abuse to several duly-licensed New Hampshire attorneys, none of whom found it frivolous or thought that I was holding myself out as a licensed attorney. In so doing I used the First Amendment speech of a Civil Rights organizer, again in line with Button, supra, complaining that police treatment occasioned against Willie Toney was wrong -- "irrespective of race" -- as I clearly noted in this Peterborough Transcript story back on arraignment day.

So then New Hampshire stands in a unique position: As the last state in the Union to respect Dr. Martin Luther King, it can allow a totally unprofessional white male doctor to hide behind the cloak of the First Amendment for issuing racist statements while slamming me for using the First Amendment to forward legitimate concerns of police abuse!

To wit, a man who faced three (3) drawn guns, a visual body cavity search and a bogus "trespassing" charge that he beat pro se. Funny, this feels a lot like what happened to me in Ohio, where white folks got away with making racist comments and I got in trouble. I'll let my lawyers and my writer worry about that, but Dr. Bennett was able to enjoin any disciplinary action based on his First Amendment Rights, just as any Civil Rights Organization should enjoy the First Amendment Right to issue a Demand Letter to the police after careful review of relevant police reports and dismissal of the underlying charges against the Defendant.

It's simple: The mere fact that your speech upsets someone should not subject you to professional or criminal sanction, especially when that speech is tied to a First Amendment case like NAACP v. Button, supra -- as Philadelphia NAACP President Jerry Mondesier would concur.

Suggested viewing 1: "Press Conference" at KingCast.net

Suggested viewing 2: Judge Arnold in "Oreo," at KingCast.net

Blawg Yahtzee: What I said about Dr. Bennett on 27 October 2005. Besides being an ass, he's ignorant because I can personally tell him that plenty of white boys try to get next to my gal pal Sarah -- she's got a certain way about her and she's sexy. Too bad they just can't measure up, so I'll take spoils to the victor, Dr. Bennett: You wish you had some nookie that good but she'll give you a heart attack you old Viagra-huffin' racist motherfucker.

1 comment:

Christopher King said...

A comment I sent to NHPR:
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As a black man, former journalist, Assistant Attorney General and practicing Civil Rights lawyer, everything I have to say about Dr. Bennett I have entered on my blawg at Chris King's 1st Amendment Page:

http://christopher-king.blogspot.com/2006/07/kingcast-welcomes-nh-dr-terry-bennett_26.html

As a First Amendment scholar, this is what I will be watching very carefully as my counsel and I compare and contrast his case with mine, for attempted felony extortion in Jaffrey, NH:
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I will find it interesting to see how far New Hampshire protects my First Amendment Rights to seek redress through the NAACP for Civil Rights abuses in a very professional Demand Letter to Jaffrey, NH Police Chief Martin Dunn, per case law established in NAACP v. Button, 371 U.S. 415 (1963) -- vis a vis how far the State protected Dr. Bennett's rights to issue totally unprofessional and racist comments to his patients.

Dr. Bennett was able to enjoin any governing disciplinary action based on his First Amendment Rights, just as any Civil Rights Organization should enjoy the First Amendment Right to issue a Demand Letter to the police after careful review of relevant police reports and dismissal of the underlying charges against the Defendant.

It's really pretty simple: The mere fact that your speech upsets someone should not subject you to professional or criminal sanction.

Peace.