#194 Mar 19, 2013
Blogger Norman Alderman is a cyber hero who is poised to reforge West Virginia Internet laws, James Fredrick Jensen today announced.
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to protecting Internet freedom watch with interest, weighting this case as an important test of inadequate and outdated WV statutes.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."
#195 Mar 20, 2013
Oh hell don't go and sell yourselves short. At least put some kind of effort into disrespecting Great people. After all they have taken a lot of punching from your ignorant ass. I'll have to give you credit for one thing you certainly picked the wrong angle to mess with who do you think sent Norman Alderman to earth anyway. Get a grip those oats your sowing your going to have a very long time to reap. Its not good to mess with anointed man. God has told you many times touch not my anointed. Do you even know what that means?
#196 May 1, 2013
how in the hell is brad totten allowed to have his kids being a sex offender WOW
#197 Sep 19, 2013
hHe just shoots them out like every other man. Hey are you really that stupid that you don't know where babies come from, mommies that love their men.
#198 Jun 12, 2014
Here's your comment. When the last warrior lays down to his final sleep then the rest of the world will be happy to know that pocohontas county people just got fed up of trying to stand up for its self when the rest of the world didn't give a damn but it still say's it does.
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