Blogger Facing Civil Action Based on Antiquated WV State Law
Posted in the Marlinton Forum
#1 Mar 18, 2013
While most care little about internet rights all should that use the net care about this case, Robert P. Martin and Norm Alderman.
I am Canadian that through the content I provided or was used by a Blogger Norman Alderman has resulted in a Civil Action against the individual. Pocahontas County Resident Norman Alderman: Crusader Or Stalker. Norm is and elderly man that blogs about public officials and corruption in the State of West Virginia.
Why should the media care or follow this Story? Protecting our rights including yours of the media.
The action filed is based on WV State law see §3-8-11. This law does not relate to the case at hand it has been used as the basis to have the case filed against Alderman. If Alderman looses he will be forced to shut down his Blog.
We have the David and Goliath part of the story. A questionable assistant prosecuting attorney formerly of the old boys club big law firm in WV goes after a Blogger.
If this case is allowed to proceed without media attention, if Mr. Alderman would loose this case, what will the future for Bloggers in WV hold? Or in other states.
In Affidavits filed as part of this legal process, one Charles Bailey a senior partner in the law firm of Bailey and Wyant and one Robert P. Martin are claiming this blogger Norman Alderman has slandered and defamed the parties by posting content about my relationship with Bailey and Wyant and one Robert P. Martin.
Content I have posted on line has been carefully screened for slander and defamation. What I have posted on line about my relationship with Bailey and Wyant and one Robert P. Martin is factual and correct. Bailey and Wyant has attempted to have my content removed by means of DMCA Takedown Notice. One article out of hundreds has been removed.
I am not seeking publicity for myself. I feel that Norman Alderman is the victim of Bailey and Wyant and one Robert P. Martin.
By this action they are attempting to hide the truth about the conduct of Bailey and Wyant and one Robert P. Martin. Conduct which has been exposed by Norman Alderman through his Blog.
See case information.
§3-8-11. Specific acts forbidden; penalties.
(a) Any person who shall, directly or indirectly, by himself, or by any other person on his behalf, make use of, or threaten to make use of, any force, violence or restraint, or inflict, or threaten to inflict, any damage, harm or loss, upon or against any person, or by any other means attempt to intimidate or exert any undue influence, in order to induce such person to vote or refrain from voting, or on account of such person having voted or refrained from voting, at any election, or who shall, by abduction, duress or any fraudulent device or contrivance, impede or prevent the free exercise of the suffrage by any elector, or shall thereby compel, induce or prevail upon any elector either to vote or refrain from voting for or against any particular candidate or measure; or
(b) Any person who, being an employer, or acting for or on behalf of any employer, shall give any notice or information to his employees, containing any threat, either express or implied, intended or calculated to influence the political view or actions of the workmen or employees; or
(c) Any person who shall, knowingly, make or publish, or cause to be made or published, any false statement in regard to any candidate, which statement is intended or tends to affect any voting at any election whatever; or
(d) Any person who shall pay any owner, publisher, editor or employee or any newspaper or other periodical, to advocate or oppose editorially, any candidate for nomination or election, or any political party, or any measure to be submitted to the vote of the people; or any owner, publisher, editor or employee, who shall solicit or accept such payment:
#2 Mar 19, 2013
in the past norman has posted under multiple aliases so please forgive my skepticism on the day before the hearing.
#3 Mar 19, 2013
When did slander and libel become antiquated concepts? You want to invite media attention to this case? Go ahead. I think the media should follow it so people who want to wrongfully defame others by use of the internet can be aware of what awaits them. And as I understand it this case isn't all about you. Alderman just used you as a part of his efforts to influence elections with what is alleged as less than truthful information. You aren't trying to influence the outcome of this litigation are you?
#4 Mar 19, 2013
blogger jim shows up and a reference about belize on norm's fb page?
#5 Mar 20, 2013
this was just another one of norman's cut and paste jobs,go to his fb page and click the wordpress link the text he used is there.
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