02 November 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 thePruneyard 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 1stAmendment 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).


Christopher King said...

Justice Kagan follows my tweet, so to her I note:

Another key distinction when it comes time for Summary Judgment Motions is that the Kay Plaintiff was looking to disrupt the flow of the planned event.

No matter how hard the Defendants try, they cannot show where I disrupted the flow of the planned events.

My style of interviewing is seen where I interview Joe Arpaio, calmly and professionally.

This is going to be an interesting ride.

-The KingCaster.

Christopher King said...

PS: It was good that GOP Nashua Communications Chair Di Lothrop and NH GOP Communications Chair Ryan Williams got slammed for stating that I was "not a journalist" and "not a member of the press."

One hurdle down, and remember that fact goes into the Federal Decision. A "blogger" is indeed a journalist.

That's worth $500 right there, friends.

-The KingCaster.

Christopher King said...


The Defendants are fond of saying that I might strike Kelly Ayotte with my camera. Unbelievable.

The Defendants and Court to this point see no distinction between a private home and places of public accommodation, while other states make such a distinction.

Certify the conflict and move to the High Court for Justice Kagan to hear it.

I asked the Defendants in Open Court why we couldn't reach an agreement for me to ask Kelly questions the same way I posed them to Joe Arpaio, calmly and professionally with no yelling over bodyguards.

"If we can't agree with that, where does this put us as men, as women, as people?" I asked.

The Answer is Obvious, and it does not bode well for a Free Press just yet. We are under siege.

Christopher King said...

PS: I am allowed to be an assertive reporter, unlike the shills at WMUR. I am allowed to respectfully criticize the Court as well, and what I didn't like yesterday from Judge McCafferty was that she didn't give full attention to the fact that Nashua PD Lieutenant John Fisher is repeatedly talking to me while I am already complying with his Orders. I'm on the damn sidewalk, and there are other white people closer to a backing car than I am, yet he is trying to distract me at the behest of fascist pig Kelly Ayotte and her campaign. Watch the Mexican Standoff video, with that Fascist Flip-Flop John McCain.

Then former U.S. Marshal Steve Monier tries to say that there was some kind of threat implied by my presence, but that's complete crap because nobody is scared of me, I even have a quick chat with a white stringer at 7:00. This guy cracks me up, I even called him over after a rally and personally spoke with him about motorcycles, weight loss, etc. the guy knows damn well I'm not going to hurt anybody or invade personal space. I'm going to get all the raw video ready for the Defendants because they were crying in Court yesterday that I wasn't showing the whole picture. Well guys when you get the whole picture just remember: You asked for it.

And remember guys: None of this matters, the case is going to SCOTUS anyway on a Conflict of Laws between the States on Private Property/Limited Public Forum and a Federal Question. All in Due Time.