14 October 2010

KingCast Draft First Amendment Free Press Complaint in KingCast v. Ayotte, GOP

The Parties: 
1. Defendant Kelly Ayotte is former Attorney General of the State of New Hampshire and current candidate in the 2010 U.S. Senate race. In her capacity as Attorney General Judge Timothy Vaughn ORDERED her to provide the original dash cam video from Franconia Police Officer Bruce McKay’s cruiser to Plaintiff as an investigative journalist. KingCast v. Ayotte et al., Grafton 2007-268, Attachment 1.
Regarding the video of the 5/11 dash cam:
[KingCast] may copy the original video under supervision of custodial police authority......

[Related Littleton Courier coverage. I'm going to break it right down, right here because I have nothing to hide. The whole lawsuit should be up by Monday and I plan to file it shortly thereafter and I expect a swift and fair initial hearing by the Court because time of of the essence. There is a live election campaign to cover it and I need to be able to have the same access as any other journalist in order to provide the coverage that I want to provide, and I am allowed to do that here in America. If you don't like it, move elsewhere.

And as for you Ryan, you little Hitler Youth wannabe, I might personally name you along with GOP Nashua City Committee Communications Tzar Di Lothrop. Whatever the case you'll be a likely witness at some point so don't go too far away, son. I've got a special treat just for you]:

2. KingCast and Chris King's 1st Amendment page are owned and managed exclusively by Plaintiff, a former resident of New Hampshire with an Undergraduate Degree in Communications, Rhetoric minor. He has worked as a reporter for the Indianapolis Star, as an Editor with the Ohio Call & Post, and he holds a Nashua Mayoral Certificate for First Amendment activity in the Public Interest. He has also instigated a First Amendment Policy change at the Nashua School Board, in which the Board changed a restrictive speech policy after Plaintiff threatened to sue the School Board and City of Nashua in 2007.

More recently, the Revere Journal twice published photographs of his trial photography in the Dan Talbot Police Murder case, and WBZ used his courtroom footage of the historic, record-breaking $1.7M anti-Semitic trial of Scott Hyman v. Hemlock Association/Lakeville, Massachusetts (Id., see video at para 3). 

The Facts.

3.            Defendant Ayotte is charged with Constructive knowledge that other journalists consider Plaintiff to be a journalist, including award-winning Author Casey Sherman, Author of “Bad Blood: Freedom and Death in the White Mountains.” Said novel and screenplay directly address Defendant Ayotte’s role in failing to conduct a proper investigation into the tragic events of May 11, 2007 in which she allowed a multiple felon to go free in only 24 hours, despite the fact that he initially twice stated he never spoke to Liko Kenney before shooting him. Floyd of course, as a freed man, then proceeded to threaten his neighbor, a small middle-aged woman, with a gun and he now properly resides in NH State Prison where he recently was served with a Complaint for Wrongful Death in the Franconia matter.
Sherman states at 3:45 of this KingCast book launch video: 
“There are also other people I have to point out tonight, people who literally helped with the book, Chris King, who is not only a photographer but a pretty good researcher and investigative journalist himself…..”
At page 203 Sherman writes:
"...one cannot deny that he has had his share of success. King was responsible for uploading the Sarah E. arrest video onto YouTube and he also released many of the Liko-Kenney--McKay case documents on his Web site. He has been spurned by many so-called legitimate reporters, but Chris King has been a tenacious advocate for the Kenney family and a major thorn in the side of New Hampshire law enforcement."

4.            Defendant Ayotte is charged with Constructive knowledge, via Plaintiff’s blog and videos, that Masters in Criminal Justice website considers KingCast and Chris King’s First Amendment Page to offer valuable public information, ranking him at number 1, to wit:
1. Chris King’s 1st Amendment Page: Here you can track criminal and other cases with Chris King, a New Hampshire blogger who reports with a tongue-in-cheek style.
2. ACLU Blog: Get updates on new measures, campaigns and issues that the American Civil Liberties Union is interested in.

5. Last month, in response to Defendants actions of threatening to arrest him at the GOP Fundraiser event that was open to the public, Phoenix Arizona New Times writer Stephen Lemons opined:

If you ask me, journalism needs more Chris Kings......
Anyway, King's video is entertaining mainly because of what happens to him: A GOP hausfrau whacks his camera with a pamphlet; some Republican crone orders him out of the building; and the local cops force him to amscray under threat of arrest, even though he's credentialed and there are plenty of other media types there. The video's a tad long at 12 minutes-plus, but worth every second.

17. The GOP John McCain Rally, Open to the Public and Media.

On 2 October 2010 The Defendants co-sponsored and coordinated a rally at a VFW post 483. Nashua Police Lieutenant John Fisher greeted Plaintiff immediately as he got off his motorcycle and told him “Mr. King you are staying on the sidewalk.” Plaintiff inquired “I need to understand, to get it straight, officer are there other media here?” to which Fisher replied “The thing YOU need to understand is that YOU are not coming inside.”

At that precise moment the Nashua Telegraph’s Grant Morris walked outside and ran a video interview of Plaintiff documenting the First Amendment Free Press violation that was published by the Telegraph the following day. This is a pattern and practice of the GOP; McCain ejected black reporter Stephen Price without explanation in 2008 while white reporters were allowed to stay.
In Nashua, every other reporter at the VFW rally, including white stringers without direct ID badges from large media, were permitted to enter the rally.


Christopher King said...

I'll wipe that haughty smirk right off of that punk's face quick fast and in a hurry.

Fascist pig Hitler Youth.

-The KingCaster.

Christopher King said...

Ryan Williams, on information and belief.

Christopher King said...

The Complaint and Injunction rough drafts are complete, just need to clean things up a bit and start copying my Attachments and burning CDs with the video evidence.

I will leave you with this:

Unlawful Prior Restraint, Viewpoint and Content-Based Discrimination

As the successful litigants aptly noted in Mortgage Specialists v. Implode Explode 160 N.H. 227, 999 A.2d 184, 38 Media L. Rep. 1641
(2010), (infra), New York Times v. U.S., 403 U.S. 713 (1971) is instructive as Justice Brennan noted:

So far as I can determine, never before has the United States sought to enjoin a newspaper from publishing information in its possession.
But the First Amendment tolerates absolutely no prior judicial restraints of the press predicated upon surmise or conjecture that untoward consequences *726 may result.

Obviously one cannot publish about something they cannot witness. In the case at bar, the Defendants actions of preventing Plaintiff from observing the events, and even asking a question or two while the speaker is not on the podium accomplishes at the front door what the High Court deemed illegal at the back door: Unlawful Prior Restraint.

-The KingCaster.