The court decision everybody is all exercised about has been withdrawn, probably in no small part because of the uproar in the vast First Amendment community.
I need help. I am begging for it, because the cyberstalking warrant for me is ---I KNOW --- WRONG WRONG WRONG. Here is the warrant: http://www.buncyblawg.com/2014/02/28/cyberstalking-warrant-no-2/
Re: State vs. James L. Smith, 13 CR 58245 Buncombe County vs. James L. Smith, 13 CvD 1106 Grist vs. Smith, 13 CVD 4701
Message
This is to advise that because of an illegal warrant for cyberstalking, and other salient reasons including my terrible health at this time, I have been a prisoner in my own home since the last of March of this year. An order for my arrest must have been based on the illegal warrant because Asheville police are now trying to serve this order for arrest and hold me in the Buncombe County Jail under a $5,000 bond which I cannot make. I cannot begin to tell you what outrages against the Supreme Law of the Land this prosecution is, and these other anomalies are.
The warrant is illegal because it is a crude attempt to extort me from publishing viewpoint-based speech on the internet which is addressed to the whole world, not to any one particular person, and is protected by the First Amendment, as pointed out by UCLA Law Prof. Eugene Volokh in his law review article, _One-to-One Speech vs. One-to-Many Speech,_ a 64-page downloadable PDF file which may be found here: http://www.volokh.com/2012/05/30/one-to-one-speech-vs-one-to-many-speech-criminal-harassment-laws-and-cyber-stalking/
And by Law Prof. A. H. Caplan, whose scholarly treatises in First Amendment law are also published in the internet.
Furthermore, the warrant should be quashed for failure to provide notice of the charge. I have repeatedly requested Michael Casterline, my attorney, to file a motion to dismiss this ridiculous warrant. I have drawn up the motion myself and furnished him with copies of it. In rough draft it may be seen here: http://www.buncyblawg.com/2013/10/26/to-see-and-hear-the-rest-of-this-blaze-of-glory-youll-have-to-attend-court/
The illegal order for arrest and punitive high bond is also illegal for more reasons than that the OFA is based on an illegal warrant. My two doctors, Dr. Hemme and Dr. Goebel, both faxed to the designated courthouse numbers listed on the clerk?s website that I would be unable to attend court on 2 April 2014. I am informed that these faxes were placed in the files in the criminal case, 13 CR 58245 and the so-called civil case, Grist vs. Smith, 13 CVD 4701. These faxes were intended that in any case in which I am a party or witness, I am unable at this time to attend court because of degenerative disc disease, scoliosis, nerve root stenoses, and tremendous pain and weakness.
Therefore, any attempt at effecting my arrest, pursuing the OFA, pursuing the illegal criminal warrant, pursuing any followup on the matters, 13 CVD 4701 or Buncombe County vs. James L. Smith, 13 CVD 1106, including hearings or other matters that affect my freedom or property rights, until I am able to attend court, will be deemed a violation of my civil rights protected by the Constitutions of the United States and North Carolina, and secured by 42 U.S. Code, Section 1983; and 18 U.S. Code, Section 242 (Deprivation of Rights Under Color of Law).
In this regard you will please note that I was scheduled for emergency L-1,L-2,L-3 disc surgery by Dr.Goebel approximately a month ago and had to postpone this emergency because of so many pending court actions. And frankly, I was just too sick with fever to get to the hospital.
The object as with all of these frivolous and malicious lawsuits has been to hold me in a state of sheer terror, destroy my dignity, turn me into an outcast, plunge me into an abyss of hopelessness, steal my property, overthrow my brain, and break my heart.
This 2nd day of May, 2014
James L. Smith 199 Aurora Drive Asheville, NC 28805 582-2828 teecrafter@yahoo.com
Techdirt has not posted any stories submitted by teecrafter.
The court decision everybody is all exercised about has been withdrawn, probably in no small part because of the uproar in the vast First Amendment community.
https://appellate.nccourts.org/orders.php?t=&court=2&id=364854&pdf=1&a=0&docket=1&dev=1
Insane Cyberstalking Warrant on Me
12:57 PM 5/2/2014
I need help. I am begging for it, because the cyberstalking warrant for me is ---I KNOW --- WRONG WRONG WRONG.
Here is the warrant:
http://www.buncyblawg.com/2014/02/28/cyberstalking-warrant-no-2/
Re: State vs. James L. Smith, 13 CR 58245
Buncombe County vs. James L. Smith, 13 CvD 1106
Grist vs. Smith, 13 CVD 4701
Message
This is to advise that because of an illegal warrant for cyberstalking, and other salient reasons including my terrible health at this time, I have been a prisoner in my own home since the last of March of this year. An order for my arrest must have been based on the illegal warrant because Asheville police are now trying to serve this order for arrest and hold me in the Buncombe County Jail under a $5,000 bond which I cannot make. I cannot begin to tell you what outrages against the Supreme Law of the Land this prosecution is, and these other anomalies are.
The warrant is illegal because it is a crude attempt to extort me from publishing viewpoint-based speech on the internet which is addressed to the whole world, not to any one particular person, and is protected by the First Amendment, as pointed out by UCLA Law Prof. Eugene Volokh in his law review article, _One-to-One Speech vs. One-to-Many Speech,_ a 64-page downloadable PDF file which may be found here:
http://www.volokh.com/2012/05/30/one-to-one-speech-vs-one-to-many-speech-criminal-harassment-laws-and-cyber-stalking/
And by Law Prof. A. H. Caplan, whose scholarly treatises in First Amendment law are also published in the internet.
Furthermore, the warrant should be quashed for failure to provide notice of the charge. I have repeatedly requested Michael Casterline, my attorney, to file a motion to dismiss this ridiculous warrant. I have drawn up the motion myself and furnished him with copies of it. In rough draft it may be seen here:
http://www.buncyblawg.com/2013/10/26/to-see-and-hear-the-rest-of-this-blaze-of-glory-youll-have-to-attend-court/
The illegal order for arrest and punitive high bond is also illegal for more reasons than that the OFA is based on an illegal warrant. My two doctors, Dr. Hemme and Dr. Goebel, both faxed to the designated courthouse numbers listed on the clerk?s website that I would be unable to attend court on 2 April 2014. I am informed that these faxes were placed in the files in the criminal case, 13 CR 58245 and the so-called civil case, Grist vs. Smith, 13 CVD 4701. These faxes were intended that in any case in which I am a party or witness, I am unable at this time to attend court because of degenerative disc disease, scoliosis, nerve root stenoses, and tremendous pain and weakness.
Therefore, any attempt at effecting my arrest, pursuing the OFA, pursuing the illegal criminal warrant, pursuing any followup on the matters, 13 CVD 4701 or Buncombe County vs. James L. Smith, 13 CVD 1106, including hearings or other matters that affect my freedom or property rights, until I am able to attend court, will be deemed a violation of my civil rights protected by the Constitutions of the United States and North Carolina, and secured by 42 U.S. Code, Section 1983; and 18 U.S. Code, Section 242 (Deprivation of Rights Under Color of Law).
In this regard you will please note that I was scheduled for emergency L-1,L-2,L-3 disc surgery by Dr.Goebel approximately a month ago and had to postpone this emergency because of so many pending court actions. And frankly, I was just too sick with fever to get to the hospital.
The object as with all of these frivolous and malicious lawsuits has been to hold me in a state of sheer terror, destroy my dignity, turn me into an outcast, plunge me into an abyss of hopelessness, steal my property, overthrow my brain, and break my heart.
This 2nd day of May, 2014
James L. Smith
199 Aurora Drive
Asheville, NC 28805
582-2828
teecrafter@yahoo.com