06 March 2014, Vol.1, No.14 > MAKING
HISTORY!
The POCAHONTAS CRIER
(Part
of The Crier Coalition of Internet News Services comprised of
The
Pocahontas Commentator, The Pocahontas Crier,
Signal
Fires of WV & Echoes from the Holl’r)
NORMAN LEE ALDERMAN (REP-SD)
MAKING HISTORY…says, CNN!
& YOU VOTERS CAN TOO!
The following is from CNN as published a year ago…
Alderman writes a blog, The Pocahontas Commentator
By jamesjensen |
Posted March 19, 2013
Blogger Norman Alderman is a cyber
hero who is poised to reforge West Virginia Internet laws, James Fredrick
Jensen today announced.
Toronto/Ontario, Canada
Currently a defendant in a defamation lawsuit, Alderman writes a blog, The Pocahontas Commentator. Since 2011 it has put an unflattering lens to political, police and judicial goings on in Pocahontas County, WV.
“The Internet is a wide frontier with vast capacity to challenge traditional bullies and other privileged interests,” said Jensen. “Norman is so much more than a blogger. He’s a defender of democratic participation and an evangelist for free speech.”
Cited in the lawsuit by plaintiffs Robert P. Martin and Charles R. Bailey, Alderman is accused of defamation expressed over the Internet. Bloggers everywhere and organizations dedicated to protecting Internet freedom watch with interest, weighting this case as an important test of inadequate and outdated WV statutes.
In principle, the affidavit filed against Alderman is invalid given WV statutes do not directly address defamation by Internet blog. For instance, Martin, who stood unsuccessfully in the 2012 runoff for Pocahontas County Prosecuting Attorney, relies on antiquated law to pursue Alderman for interfering with democratic process via publication.
Remarkably, in his affidavit Martin seems to blame Alderman’s blogging observations for his election loss. However, the statute Martin invokes refers only to newspapers and some periodicals; a blog is neither and therefore has no status under current WV laws related to election process interference.
Further, Martin and Bailey have not complied with due process as set out under Internet defamation protocol in advance of filing their affidavit. Modern protocol requires a formal request under the Digital Millennium Copyright Act (DMCA) before other legal avenues can be pursued. To-date, there is no record of such a request from either Martin or Bailey as regards their complaint against Alderman.
Appointed Assistant Prosecutor for the county in February 2013, Martin’s affidavit is filed as a private citizen with co-plaintiff Bailey, managing partner in Bailey and Wyant PLLC. Their affidavit also cites third party blogs posted by “Jim Jenson” [sic] and reposted by Alderman. In his own posts Jensen treats his longstanding and comprehensively documented disputes with Martin and his former law firm Bailey and Wyant.
Recently the Bailey and Wyant firm formally requested through DMCA the takedown of Jensen’s blog posts regarding his dispute with them. These requests were denied under the Act as Jensen’s posts were deemed appropriate for the Internet and, therefore, not defamatory. By extension, they are not defamatory in The Pocahontas Commentator.
“At its heart this lawsuit seeks to strike a free speech chill,” said Jensen. “Anyone interested in preserving Internet freedom and free speech should follow and support Norman Alderman’s cause. It concerns us all.”
James Fredrick Jensen is a private citizen blogger.
Toronto/Ontario, Canada
Currently a defendant in a defamation lawsuit, Alderman writes a blog, The Pocahontas Commentator. Since 2011 it has put an unflattering lens to political, police and judicial goings on in Pocahontas County, WV.
“The Internet is a wide frontier with vast capacity to challenge traditional bullies and other privileged interests,” said Jensen. “Norman is so much more than a blogger. He’s a defender of democratic participation and an evangelist for free speech.”
Cited in the lawsuit by plaintiffs Robert P. Martin and Charles R. Bailey, Alderman is accused of defamation expressed over the Internet. Bloggers everywhere and organizations dedicated to protecting Internet freedom watch with interest, weighting this case as an important test of inadequate and outdated WV statutes.
In principle, the affidavit filed against Alderman is invalid given WV statutes do not directly address defamation by Internet blog. For instance, Martin, who stood unsuccessfully in the 2012 runoff for Pocahontas County Prosecuting Attorney, relies on antiquated law to pursue Alderman for interfering with democratic process via publication.
Remarkably, in his affidavit Martin seems to blame Alderman’s blogging observations for his election loss. However, the statute Martin invokes refers only to newspapers and some periodicals; a blog is neither and therefore has no status under current WV laws related to election process interference.
Further, Martin and Bailey have not complied with due process as set out under Internet defamation protocol in advance of filing their affidavit. Modern protocol requires a formal request under the Digital Millennium Copyright Act (DMCA) before other legal avenues can be pursued. To-date, there is no record of such a request from either Martin or Bailey as regards their complaint against Alderman.
Appointed Assistant Prosecutor for the county in February 2013, Martin’s affidavit is filed as a private citizen with co-plaintiff Bailey, managing partner in Bailey and Wyant PLLC. Their affidavit also cites third party blogs posted by “Jim Jenson” [sic] and reposted by Alderman. In his own posts Jensen treats his longstanding and comprehensively documented disputes with Martin and his former law firm Bailey and Wyant.
Recently the Bailey and Wyant firm formally requested through DMCA the takedown of Jensen’s blog posts regarding his dispute with them. These requests were denied under the Act as Jensen’s posts were deemed appropriate for the Internet and, therefore, not defamatory. By extension, they are not defamatory in The Pocahontas Commentator.
“At its heart this lawsuit seeks to strike a free speech chill,” said Jensen. “Anyone interested in preserving Internet freedom and free speech should follow and support Norman Alderman’s cause. It concerns us all.”
James Fredrick Jensen is a private citizen blogger.
********
There you are folks…NOW YOU know why
The Pocahontas Crier has endorsed both
NORMAN
LEE ALDERMAN (REP-SD)
&
PATTI
HEINEMANN (DEM-ND)
FOR COUNTY COMMISSIONERS
IN THIS
ELECTION YEAR!
Both candidates for
the County Commission have the Courage of their Convictions, both have fought
for Social Justice for the Cause of others, both have stood up for
Righteousness in the face of overwhelming odds against them – and both invite YOU
to also STAND UP FOR POCAHONTAS COUNTY!
For far too long the people of Pocahontas County
have been the laughing-stock of those in other counties and especially those in
Charleston! Why? Because of the corruption & thievery that has taken place
IN THIS COUNTY by elected officials, the banks, & private individuals
& families that ONLY CARE ABOUT THEMSELVES – and NOT ABOUT THE GREATER
& COMMON GOOD of their fellow neighbors! YOU
know who they are as well as the candidates – but what chance have you ever
had to do anything about it? UNTIL NOW! Now YOU can elect two Courageous &
Righteous candidates at the same time to the County Commission
– NOW YOU CAN
MAKE HISTORY & ALL THE DIFFERENCE IN THE WORLD FOR THE FUTURE OF THIS
COUNTY!
► Let’s
Stop the Solid Waste Authority from ripping us off;
Let’s Stop the unlawful lawsuits; Let’s
EXPUNGE all
Judgments & Liens, & Let’s
make the PCSWA follow the
laws!
►
Let’s get county-wide ‘Cell Phone’ service – for the safety
of everyone & especially so Senior Citizens can have
‘Medical
Alert’ with the push of a button – instead of
trying to craw to a phone for 911!
► Let’s create NEW JOBS – instead of begging for the
crumbs of ‘grant-money’ falling from Charleston’s
tables
– Let’s bring in the
‘Wind Turbines’
to lower electricity
costs – forever!
►
Let’s create NEW INCOME & JOBS by joining in with the
new
Pocahontas Pure Water CO-OP where everyone
SHARES IN THE PROSPERITY of making Pure
Water
the
#1 Business of this county!
►
Let’s turn Snowshoe & Silver Creek into a ‘Workers CO-
OP’ by having the State
take Receivership and relegate
the
day to day operations to this county & split the
profits
60% to the State & 40% to the Workers of this
county! How’s that for NEW INCOME & JOBS?
THIS TIME IT’S YOUR CHOICE…
Just say ‘NO’ to those who want to keep this county in Poverty & Pauperism – and
Just SAY ‘YES’ to real Progress
& Prosperity for the future!
Therefore on Primary Day – YOU have a chance to elect two persons
that will always put YOU first! They know that:
THE
GREATER COMMON GOOD ALWAYS COMES BEFORE SELF OR ANY SELF-SERVING SPECIAL
INTEREST!
Find out more – Stay tuned to these Websites:
The Pocahontas Crier
is an independent Internet News Service that has so far endorsed two candidates
for County Commission,
one a Republican & the other a Democrat – in addition to providing in depth
news reporting on important issues directly affecting the Citizens of Pocahontas County!
► IF YOU are registered to vote as a Republican,
you can
Vote for Norman
Lee Alderman in the Primary Election
on 13 May 2014;
► IF YOU are registered to vote as a Democrat,
you can
Vote for Patti Heinemann in the primary election on
13 May 2014;
► If you are not registered to vote, then you must
register
to vote on or before 22 April 2014;
► If you are registered to vote, but with no party
affiliation, then you must request
Loud & Clear either
a Republican or Democrat ballot
on Primary Day when
you go to the polls; &
► Since Norman
is unopposed, he recommends that you
request a Democrat ballot to vote for Patti so that
this
county can again have an Honest & Just county
commission!
► Early Voting is from 30
April 2014 to 10 May 2014 – so
Vote Early & avoid
the rush!
Email
comments & suggestions to: The Pocahontas
Crier at
pocahontascrier@gmail.com
& if
you wish to financially assist, kindly send all campaign contributions to: The United Campaign for County Commission (UCCC), c/o
Citizens for Common Sense Alternatives (CCSA), a registered Political Action
Committee, 7837 Wesley Chapel Road, Green Bank, West Virginia 24944-9063
Phone:
1.304.456.4565 or 3282 (also fax)
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