Mitch Bossanna Promoted to MAN-GOD (and NO SEX REQUIRED!!!)

>>> THEMATIC SUGGESTION FROM MITCH BOSSANNA:

I have no intention of actually representing myself, as I am WELL PLEASED with the work of Chief Public Defender Jennifer Harjo, who lost some years ago in the race for District Attorney to Mr. Benjamin R. David who holds that Public Trust now, and I cannot help thinking that Ms. Harjo is enjoying our little "Courtroom Drama" as much as I am.

That said, when good ideas are proposed by a Clear Thinker, they should be HONORED, and I offer Mitch's work to Ms. Harjo to consider as it might help reduce her burden of research.

Additionally, if Ms. Harjo finds it appropriate, I have received a separate offer from a Consortium of FRIENDS OF TENNESSEE WILLIAMS who are willing to assist financially if additional legal assistance might be helpful, but I suspect that will not be the case as I find Ms. Harjo to be QUITE on top of her game.

I DO expect to be in direct contact with with some of the very TOP Democratic Politicians in North Carolina associated with our President's re-election compaing -- as well as Gay Legal Assistance to see if they have additional advice or would like to Witness as Court Proceedings move forward.

ONE NATION UNDER GOD

means exactly that.


But, as Dr. J. Kennedy Schultz loved to say from the Sunday pulpit: "God loves the Atheists best -- because they never fell for any of the BS!!!"

Thanks,
Scott

* * *

>>> NOW this from Mitch:

NORTH CAROLINA                                                                          DISTRICT COURT #5

NEW HANOVER COUNTY

THE PEOPLE                       )

                                                )

VS.                                          )                                                               MOTION TO DISMISS

                                                )

SCOTT KENAN,                  )

DEFENDANT PRO SE       )

Now comes Scott Kenan, defendant in this case representing himself pro se, and requests that the Court immediately dismiss the charge of cyberstalking (N.C. Gen. Stat. § 14-196.3. Cyberstalking) with prejudice for the following reasons:

1.                   Mr. Kenan’s blog, “The Weather Up Here,” having a URL of http://scottkenan.blogspot.com/ is clearly political in nature and thus the cyberstalking charge does not apply per section 14-196.3(e) which clearly states, “This section does not apply to any peaceable, nonviolent, or nonthreatening activity intended to express political views or to provide lawful information to others. This section shall not be construed to impair any constitutionally protected activity, including speech, protest, or assembly.”  Mr. Kenan’s blog contains hundreds of postings on the subject of politics and has received 400 - 1,000 hits daily. 

2.                   Mr. Kenan’s blog, “The Weather Up Here,” having a URL of http://scottkenan.blogspot.com/ does not have “intent to abuse, annoy, threaten, terrify, harass, or embarrass” readers as it clearly states in all caps at the top of the webpage, “HUMOR IS OUR MOST IMPORTANT PRODUCT!!!” and further down the right side of the webpage, “When I say something about you, it may or may not be true about you, however, I always reveal something of myself.”  These statements are made on the right side of the blog and can be viewed easily and show that the blog is not to be taken as fact an there was no intention prima facie of intent to harm.

3.                   The state presented no state compelling interest to override a fundamental constitutional right protected by the first amendment of free speech.  Any such order which interferes with a constitutional right requires strict scrutiny and all protection, yet not even basic due process was performed.  Mr. Kenan’s blog, “The Weather Up Here,” having a URL of http://scottkenan.blogspot.com/ is protected under the first amendment by case law including “Reno v. American Civil Liberties Union,” 521 U.S. 844 (1997), a United States Supreme Court case, in which all nine Justices of the Court voted to strike down anti-indecency provisions of the Communications Decency Act (the CDA), finding they violated the freedom of speech provisions of the First Amendment. Also of note is “Hustler Magazine, Inc. v. Falwell,” 485 U.S. 46 (1988), the United States Supreme Court held, in a unanimous 8–0 decision (Justice Anthony Kennedy took no part in the consideration or decision of the case), that the First Amendment's free-speech guarantee prohibits awarding damages for emotional distress intentionally inflicted upon them.  Finally there is “Ashcroft v. American Civil Liberties Union,” 535 U.S. 564 (2002) (also called Ashcroft v. ACLU or Ashcroft v. American Civil Liberties Union) was a 2002 United States legal court case involving the American Civil Liberties Union and the United States government. The Supreme Court of the United States decided the case, which began in 1999, and found that, contra the Court of Appeals for the Third Circuit, "COPA's reliance on community standards to identify 'material that is harmful to minors' does not by itself render the statute substantially overbroad for purposes of the First Amendment" (majority opinion). This decision came just four weeks after Ashcroft v. Free Speech Coalition, which dealt with a similar law, the Child Pornography Prevention Act of 1996 (CPPA).

4.                   The Plaintiff has provided no evidence that the Defendant actually posted all of the alleged remarks being that Defendant’s email account, Facebook account, and even the blog itself, have been hacked on several occasions by political opponents, with substantial changes made to the material therein.

5.                   The Plaintiff has provided no evidence that the Defendant “knowingly made false statements” considering the fact that Defendant has been in and out of mental institutions twice during 2011 by force of the state.  A recent evaluation by a court appointed screener, Dr. Menke, on February 20, 2012 found that Defendant has mental illness consist with Bipolar Disorder and thus he did not make a false statement knowingly.  This report can be found on the before mentioned blog.

I declare and affirm under penalty of perjury that the statements made herein are true and correct to the best of my knowledge, information, and belief.  I am representing myself pro se and seek all assistance possible in filing and serving this motion.

  

Scott Kenan, Defendant

Also compliments of Mitch

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