FAKE LAW PROTECTS FAKE NEWS when it creates

FAKE LAW PROTECTS FAKE NEWS when it creates FAKE TERRORISTS to Justify the POLICE STATE & ENTRAPS & PLUNDERS the VICTIMS OF LIBEL Avery v. Baddour Filed 11/3/15 -1/17/17 Sup. Crt Awaiting determination of Amount of plunder & The Flawed Texas Citizen Participation Act (of 2011) By Ronald F. Avery http: //Post. WTC. com/avc. html

7 Parts of Presentation on Fake Law Protects Fake News: 1. 2. 3. 4. 5. 6. 7. Facts resulting in Cause of Action for Libel start 4/11/15: Statutes related to Libel Actions & Flawed TCPA: Perversion of Justice in Court Rulings: Flawed Texas Citizen Participation Act: Fake News, Terrorism, Law & Police State Appeal to Heaven: Summary

Part 1: Facts Creating Libel Falsely Alarming Public that Avery is a Terrorist on 9/13/15 n n n Avery hosted a meeting of the “Republic of Texas Congress” (ROT) at a building he owned; Avery addressed the “ROT Congress” after they had concluded their business. Avery is not and never has been a member of the “ROT. ” He has never informally renounced his citizenship; He has a “State of Texas driver’s License” n n n In his address, He read a paper he wrote about the dissolution of the “United States” and the “State of Texas, ” making “secession” an absurdity. Avery is opposed to “secession. ” The “ROT” is against “secession of the State of Texas” because: • The “ROT” is not the “State of Texas. ” • The Republic was never lawfully annexed into the union to become a state.

Houston Chronicle “Reports” on the “ROT CONGRESS” n n n Dylan Baddour, a reporter, for the Houston Chronicle attends the “ROT session” on 4/11/15. Newspaper Headline: “Secessionist hopeful despite odds” published on front page on Monday 9/14/15 five months later. News story, containing lies told about the ROT session, is held until weekend of 9/11/15 memorials to demonize “ROT” & Avery as a domestic terror threat. Web Headline: “Ever hopeful & determined, Texas secessionists face long, long odds, ” posted same lies on Houston. Chronicle. com on Sunday 9/13/15 with hyper links to other inapplicable articles.

Baddour links other inapplicable articles to defame “ROT” and any known member (Avery) n Politico Article Title: “Putin’s Plot to get Texas to Secede: ” • TNM member goes to Russia to meet with “Far right Confab” of “fascists, ” and “neo. Nazis” working with Putin to get Texas to secede. n New York Times article Title: “Growing Right-Wing Terror Threat: ” • “Right-wing, anti-government ideology” groups worse than Muslim Terrorists in America today.

Required Elements of Libel Lawsuit 1. 2. 3. Article is statement of fact not opinion; Article was about Plaintiff; Article, as a whole, was defamatory; • • 4. 5. 6. Tends to expose person to public ridicule, contempt and hatred; Evidence of Written Expression of public ridicule, contempt and hatred is defamation per se. Article was false and worse than truth; Article was written with negligence, or with malice; • Willful blindness to truth is malice. • If defamation per se then mental anguish is presumed. Plaintiff suffered injury special and/or general, if per se.

Avery Filed $10 Million Libel Suit 11/3/15 Claiming w/ Supporting Evidence: n n n Avery is not, was not, and never has been a “member of the Republic of Texas (ROT). ” Avery is not a “secessionist. ” Avery is a long-time outspoken opponent of secession. The ROT is not a “secessionist organization. ” The links to other articles about “secessionists” made the ROT & Avery, shown & mentioned as member, look like “Fascists” and “Neo-Nazis” of the “Far-Right Confab” in Russia attended by a member of the Texas Nationalist Movement. Therefore, Avery was falsely made a part of the “Growing Right-wing Terror Threat” in America that is “now greater than the Muslim terror threat. ” n n n The articles exposed Avery to public expressions of hatred, ridicule and contempt. The articles caused him damage as they made him a terrorist in the minds of readers which is serious enough to be damage per se presuming general damage. The articles caused him fear of being made an enemy of the state to be pursued by law enforcement. Baddour was not expressing his opinion using his freedom of speech but rather reporting matters of fact. After Baddour learned the truth about the ROT and Avery not being secessionists he republished the falsehood showing malice.

Part 2: Legislation about Libel Texas Civil Practice and Remedy Code defines Libel: "Sec. 73. 001. ELEMENTS OF LIBEL. A libel is a defamation expressed in written or other graphic form that tends to blacken the memory of the dead or that tends to injure a living person's reputation and thereby expose the person to public hatred, contempt or ridicule, or financial injury or to impeach any person's honesty, integrity, virtue, or reputation or to publish the natural defects of anyone and thereby expose the person to public hatred, ridicule, or financial injury. " Link to Statute

Texas Citizens Participation Act Anti-S. L. A. P. P. Act n n n SLAPP = Strategic Lawsuit Against Public Participation. Texas Citizen Participation Act (TCPA) was designed to discourage SLAPP suits. TCPA designed / Marketed to protect the Constitutional Rights of: • • • n n n Free Speech; Association; Petition. Free Speech definition in the Act defeats its purpose by simply saying ““Exercise of the right of free speech" means a communication made in connection with a matter of public concern. ”” This allows all reporters to use this Act to stop libel suits against them without showing how they were expressing their own rights. This definition also violates the Journalism Code of Ethics because a reporter cannot “participate” meaning exercise their own freedom of speech, association and petition with regard to news stories they cover and report on.

Objective News Reporters cannot PARTICIPATE! n All schools of journalism teach that the news reporter should not participate in the news stories they are covering. • The Act should still apply to those who write editorials because they are openly participating in an issue by giving their opinion, i. e. , exercising their right of free speech. But they too can’t tell lies that harm people. • A news reporter is not exercising their right of free speech when covering and reporting on others exercising their constitutional rights regarding “matters of public concern. ”

Double Standard in use of Journalistic Code of Ethics: n n n FOX fires Scarlett Fakhar for expression of her freedom of speech about news she covers consistent with Journalism code of ethics. Chronicle publishes story about Houston FOX News anchor woman, Scarlett Fakhar’s Facebook joyful comments about Trump’s election as President. Fakhar apologizes: “I need to profusely apologize for making public my personal views on the outcome of the election and other issues. It was wholly inappropriate, as a journalist, to do that. ” n n n Dylan Baddour claims he was expressing his freedom of speech when he wrote the articles about Avery and the ROT so he could use the TCPA to dismiss Avery’s $10 million libel suit. The Chronicle did not fire Dylan Baddour for expressing his freedom of speech about the stories he covers about matters of public concern. The Chronicle knew the FOX News anchor was fired but gets their reporter out of a libel suit for the same thing.

3 Phases of the TCPA Motion to Dismiss 1. 2. 3. Burden on Defendant to show that Defendant was exercising their right of free speech, association, or petition when sued. Burden shifts to Plaintiff to show prima facie evidence for all 6 elements of a libel suit. Burden shifts back to Defendant to show they have every element of a viable defense. • • Affirmative Defenses e. g. , Statute of Limitations; Sovereign Immunity, etc. Or evidence that defeats the Plaintiff’s prima facie evidence of at least one element.

Defendant Baddour asserts: n He was exercising his constitutional right of free speech when writing and publishing stories about the “ROT” for which he was sued for libel. However, • No evidence on file of Baddour being a citizen much less exercising his own Constitutional rights of free speech in writing the news story about Avery exercising his Constitutional rights of free speech concerning dissolution, and associating with the “ROT. ” • It is presumed by News companies and readers that news reporters are not participants in the events they attend, and write about.

News Reporter Bubble of Non-participation

Avery’s Prima Facie Evidence of 6 elements of Libel: 1. Article is statement of fact not opinion; • 2. Article was about Plaintiff; • 3. Story on “ROT” was not an editorial but a front page news story or statement of fact. Editorials are seldom printed on front page (once in 100 years for some). Avery was shown as member in photographs and his name was under two photos in the article falsely saying he was a member of the “ROT. ” Article as a whole was defamatory; • • Use of words and materials that tended to expose Avery to public ridicule, contempt and hatred; Readers wrote expressions of ridicule, contempt and hatred in public against the “ROT, ” of which Avery was shown as a member.

Avery’s Prima Facie Evidence of 6 elements of Libel (cont’d): 4. • 5. • • 6. • • • Article was false and worse than truth; It is worse to be named a member of the “ROT” and a “secessionist” working with Russia as part of “right wing terrorists” than simply “observing the dissolution” of lawful government by those in its offices. Article was written with negligence, or with malice; Willful blindness to truth is malice. Baddour republished the false fact that the “ROT” was a “secessionist organization” after being informed of the falsehood. Avery suffered general damages as false claim that he was terrorist is defamation per se. Defamation per se Presumes mental anguish as general damage. Implication of being a terrorist resulting in expression of public hatred presumes damages. Avery feared possible action by law enforcement.

Part 3: Court Rulings Perverting Justice: n n Conversion of Lies into truth by Perversion of the “Substantial Truth Doctrine; ” Eradication of written evidence of public defamation per se by Perversion of the “Average, Ordinary, Reasonable, Objective Reader standard” finding by judges only as a “matter-of-law. ”

Misuse of “Substantial Truth” Doctrine n n n A news story reporting incorrectly that a person stole $80 remains “Substantially True” when found that the person actually stole only $60. However: Said doctrine cannot make Avery a member of the “ROT” when he is not. Said doctrine cannot change Avery from an “observer of dissolution, ” which makes secession absurd, into a “secessionist. ” Said doctrine cannot make an outspoken opponent of secession into a secessionist. Said doctrine cannot make the ROT into a “secessionist organization” when they never advocate it as it is irrelevant to their perception of existing conditions. Rulings by 4 th COA are a barefaced wresting of law to deny Avery a just remedy under the law and entraps him & Perfects and Justifies his Appeal to Heaven.

FAKE Ruling by the 4 th COA and Affirmed by the Texas Supreme Crt: “We conclude Avery did not satisfy his prima facie burden. Even if the captions incorrectly identified Avery as a secessionist, falsely implied Avery renounced his U. S. citizenship, incorrectly identified the Texians as secessionists, and falsely implied Avery was a member of a secessionist organization, the gist of the articles is substantially true: the Republic of Texas is a volunteer, non-violent organization premised on the belief that Texas is a sovereign nation and whose goal it is to legally extricate itself from the United States. ” RE: Memorandum Opinion of 4 th COA p. 11

Alleged Libelous articles must be taken as a whole: n n n A part or even the greater portion of an article could be correct & remain libelous if the smallest part that causes defamation and exposure to public hatred, contempt and ridicule is false. One statement that a group is “non-violent” and “whose goal it is to legally extricate itself from the United States” cannot make a large article true which links the group to “Far-right Confabs in Russia, ” “fascists and neo-Nazis” and “growing right-wing terror threats” all predicated on the falsehood that they are “secessionists. ” Obviously, taken as a whole, with links, the Baddour online article is exceedingly libelous!

Perversion of “Average, Ordinary, Reasonable, Objective Reader doctrine: ” n n n Where there is no evidence of actual expressions of public ridicule, contempt and hatred, it may still be reasonable to conclude a person was libeled if the material was bad enough. A judge and or jury can determine if the false statement is capable of exposing the person to public ridicule, contempt and hatred. This rule is inapplicable in Avery v. Baddour. Defendant claims Avery is not “objective” but “subjective. ” But when there is recorded evidence of written expressions of public ridicule, contempt and hatred, it doesn’t matter if Avery is objective or not as he was exposed to the written expressions of public hatred, ridicule and contempt as a matter-of-law. 4 th COA found that “No reasonable reader would conclude— as argued by Avery—that either he or the Republic of Texas is a “far-right fascist, neo-Nazi, part of the growing rightwing terrorist threat. ” The only evidence of such a conclusion is Avery’s own allegations. ”* This statement is a barefaced lie told by the 4 th COA. * Memo 4 th COA Opinion p. 11

4 th Court of Appeals & Supreme Court of Texas Cheated Avery n n 4 th COA ignored record evidence of at least nine expressions of ridicule, contempt and hatred written in public on the blog under the online article. “Objective Reader” standard should only apply when there is no evidence of exposure to ridicule, contempt and hatred expressed by the public. “Objective Reader” standard should never be used to eradicate matter-of-law recorded evidence of actual written public expressions of hatred, ridicule and contempt. Ignoring this recorded matter-of-law evidence by the courts unjustly denies Avery a remedy under the law and Entrapped him to pay SANCTIONS & Perfects & Justifies his Appeal to Heaven.

Expressions of Hatred, Ridicule & Contempt written by the Public & Judicially Ignored: n n n Terrence Steele said: "Maybe these flks need to be sent to Gitmo. " Texian Blast: "Just a bunch of gun freak malcontents" TSUJones: "this is the result of under-funded public education. I don't see a lot of MBA's in this photo. i saw laborers mentioned in the article. What happened to voting in change ? Texas already has the most effective voter suppression laws in effect. Minorities have no voice at the state level. States rights are in full effect. What more could these people want ? Of course they think their. 223 assault rifles are going to hold off a nuclear superpower with armed drones. Whats going to happen to the cell phone towers ? ? " OMG: "Their energy would be better suited into improving their communities and thus our state. " Sam 58: "These folks actually meet in person, a younger crowd will play this fantasy game online. It will probably be wildly successful. . . patriots can shoot illegal aliens, build border walls all while gathering tokens, er, money to get elected president. "

Expressions of Hatred, Ridicule & Contempt written by the Public Cont’d: n n Walter said: "Inaccurate Headline. "Should read: Ever hopeful and DELUDED, Texas secessionists face long, long odds. " Scroggins: "what a sad and deluded bunch. " otimio said: "They are traitors, terrorists wanting to harm the U. S. A. , just like the Muslim terrorists, round them up and put them in GITMO, give them the "Enhanced Interrogation" Rhymes With Right: ". . Given that their advocacy of secession is completely peaceful and they are not acting violently, they cannot be viewed as making war against the United States. Nor are they adhering to or offering aid and comfort to any enemy. What they are instead doing is engaging in peaceful political advocacy on behalf of their crackpot cause. "

4 th Court of Appeals & Supreme Court of Texas Perverted Law: n n The foregoing record evidence of 40%* of the responding readers expressing hatred, ridicule and contempt publicly was ignored & eradicated while finding that it was only Avery’s subjective groundless allegation that any reader could conclude that “either he or the Republic of Texas is a “far-right fascist, neo-Nazi, part of the growing right-wing terrorist threat. ”** This was a LIE knowingly told by the 4 th COA and knowingly affirmed by the Supreme Court of Texas unjustly denying Avery a remedy under the law and protecting Hearst Corp and Perfecting & Justifying Avery’s Appeal to Heaven. *40% of America still trusts the mainstream media. ** Memorandum 4 th COA Opinion p. 11

Ridiculous claims to get rid of Avery’s evidence of Defamation: n n Those who expressed public ridicule, contempt and hatred towards the “ROT” and its members on the Houston Chronicle website are “not real people. ” “Avery is behind all the messages. ” The comments right under their article were the “result of some other articles, not theirs. ” These are frantic and futile arguments of the guilty.

Part 4: Flawed Texas Citizens Participation Act Entraps and Plunders Libel Victims: n n n n Act requires that judges award all attorney fees, costs, expenses etc. to the Defendant if the case is dismissed. Even SANCTIONS are MANDATORY if the case is dismissed to prevent Plaintiff from bringing any more similar suits. This Act does not protect a person from mass media libel but rather punishes the citizens for defending their reputation while exercising their constitutional rights. This act was sponsored and pushed by the Freedom of Information Foundation of Texas filled with media companies & their lawyers (FOIFT. ORG). Perversions of case law coupled with the TCPA entraps libel victims so they can be plundered and punished for defending their reputation in court. The TCPA protects mainstream media when they commit the most outrageous acts of libel. All those that support this ACT should be publicly shamed.

No Citizen can safely file a libel lawsuit in Texas n n Since only judges can determine if you have been defamed as a matter-of-law you can lose all your evidence showing your exposure to public hatred, ridicule and contempt. Even if you file written comments by those in the public saying you need to be sent to a concentration camp and tortured for the rest of your life, it can be made to disappear. Once this evidence is eradicated by a judge you will be guilty of filing a SLAPP suit under the Texas Citizens Participation Act and the judge will be forced to award those who libeled you their attorney fees, costs, expenses and SANCTIONS to punish you for defending your name. No one can know before filing suit if the judge will destroy your evidence, or not.

Part 5: Fake News, Fake Terrorists, Fake Law & Police State: n n Mainstream media has an implicit agenda to create a public opinion that the threat of domestic homegrown terrorism is a reality to support police state legislation and policies. The fact that no mainstream media outlet has ever covered the following indicates they are part of the cover up of what happened on 9/11/01: • Discovery of Super Nanothermite in all the dust samples taken at the World Trade Center. • Discovery that the 47 story WTC 7 building collapsed on 9/11/01 at free fall acceleration for first 2. 25 seconds or eight floors meaning all support was simultaneously removed requiring the use of engineered placement of explosives (controlled demolition). n n These two facts above prove that Muslim terrorist did not destroy the buildings at the World Trade Center on 9/11/01 but rather the well engineered placement of U. S. military grade super nanothermite. And since Muslims didn’t do 9/11/01 we don’t need all the homeland security measures and wars we’ve started since then. Mainstream media is creating fake terrorism in the minds of the people in coordination with those who really did 9/11/01 in our own nation. And these domestic tyrants who did 9/11/01 have already overthrown our nation and want to clamp down on the citizens of it to prevent them from finding out who did it and obtaining lawful government to prosecute them.

Part 6: Appeal to Heaven & Prayer: n n That Baddour, Hearst, & all the judges and justices involved be ensnared in their own trap laid for Avery and his fellow citizens of Texas; That the state of war commences against Avery by Baddour and Hearst and continued and expanded by the judges and justices herein be stopped by his deliverance from all their traps to protect main stream news; That those who have pushed for the flawed TCPA, the Freedom of Information Foundation of Texas (FOIFT. org) be exposed and shamed; That Avery will be strong when he meets these liars in court to determine how much he will be plundered and punished for defending his name; n n n That all they take from him will be accursed and that it will spoil all that the Respondents have until they return it all; That he be awarded all that he has asked the courts before this curse is lifted; That all the Respondents learn to fear God and that the Judges and Justices rule as He would from now on; That God show them mercy by bringing them to repentance that they reject the fabric of corrupt men to seek the approval of God henceforth; That the articles that defamed Avery be completely corrected according to his original request prior to filing suit. RE: Avery’s Appeal To Heaven

Part 7: Summary: FAKE LAW NOW PROTECTS FAKE NEWS in Texas: n n n Avery has shown in his lawsuit that the “Texas Citizens Participation Act” is just as Landon A. Wade says: “A SAFE HAVEN FOR MEDIA DEFENDANTS AND BIG BUSINESS, AND A SLAPP IN THE FACE FOR PLAINTIFFS WITH LEGITIMATE CAUSES OF ACTION”* The Citizens of Texas must Repeal this Act to force Journalists to conform to their own code of ethics and protect the citizens of this state. Journalists should be punished for creating false enemies of the state with lies. This is a dangerous precedent to set. It must be reversed! *Wade in Texas Tech Law Review

Essential Documents: n n n Memorandum Opinion of the 4 th Court of Appeals & Affirmed by Supreme Court of Texas; Avery’s Motion for Rehearing at the Supreme Court of Texas; Avery’s Appeal To Heaven.

Thanks for watching and feel free to spread this around to deliver the people from WEAPONIZED FAKE NEWS & the FAKE LAW that PROTECTS IT when they create FAKE TERRORIST to JUSTIFY THE POLICE STATE. See the entire lawsuit and all filings and comments at: www. Post. WTC. com/avc. html by Ronald F. Avery Architect Avery v. Baddour; Hearst Communications, Inc.