A Just Discovered DISMISSAL Motion for My Troubles in Wilmington, North Carolina -- NEVER FILED!!!

>>> SENT TO ME MARCH 6, 2012 by "Mitch Bossanna":


I don't even remember GETTING this, which Mitch sent in three formats. As credited near the top right of my original blog, http://scottkenan.blogspot.com, Mitch Bossanna was a HUGE Ron Paul for Prez supporter -- one of the biggest I never met, but who first contacted me before I left Wilmington.

Kenan Fountain in Kenan Plaza at Fifth and Market Streets

And this would be a good time AGAIN, to say of WHITE PEOPLE in Wilmington, few would help me when I panhandled -- except the Ron Paul supporters when the NC Republican Party had their convention in Wilmington (some people excepted -- especially Rev. Ernie Thompson and Lou and Linda Orlando of First Presbyterian, Sister Isaac of St. Mary's -- and many other Church Charities, especially First Baptist -- the one on Kenan Plaza.

Black folk ALWAYS searched to see if they didn't have a few coins, at least. And I rarely noticed Latinos (except at St. Mary's -- they attending the Spanish Masses).

Mitch Bossanna, who claimed to be of a Jewish mother and Italian father -- and raised Catholic -- and then living in Hampstead, NC, the town my parents' first house with the tidal creek, dock, and osprey nest was -- on Hughes Road -- about 18 miles north of Wilmington.

Mitch LATER, after I had been in Mexico a good while, sent a single note that he was in Latin America and OK. I never heard from him again.

Mitch's Facebook Page is still up: https://www.facebook.com/mitch.bossanna. He has had 18 friends for years, now, including some PROMINENT Wilmington residents and businesses.

Will they now flee his Page???

>>> LORD -- I MUST BE GETTING "OLD AS A TESTO"!!!


I plumb forgot that in-between these two communications was a GREAT one -- about Mitch's research into Daliah Saper of Saper Law, http://saperlaw.com/, discovering that not only did she, actually, go to a cut-rate Catholic Law School -- but had "whored on her back" to put herself through it.

Daliah Saper is frequently on Fox News -- and others.

I am in NO position to know if Mitch's allegations are entirely TRUE, but, his claims that Daliah's then-subordinate attorney, "Mr. Emerson", really DID graduate Duke University -- and really IS a SERIOUS BOTTOM BOY (like myself -- we traded stories -- and LAUGHS!!!), proved true.


>>> FOR MORE INFO ON ALL MY BIZARRE LEGAL TROUBLES please see my email sent to the Center for Justice and Accountability -- that the CIA/NSA never allowed them to receive:

http://theweathercontinues.blogspot.mx/2014/11/email-just-sent-to-center-for-justice.html

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. (At that time, AdSense and other trolls checked copyright infringements, etc, and registered as "blog hits" on Google Statistics -- which they corrected in late 2013. So REAL hits by individuals were about half the number then reported.)

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

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