Notice to US Supreme Court in re: The Internet, Public Access TV & 1st Amendment Rights

1st Amendment

IN RE: THE INTERNET

PLEASE TAKE NOTICE that the WE THE PEOPLE, the Citizens of the United States of America have resolved that the INTERNET is part and parcel of the of our 1st Amendment Rights to Free Speech, Freedom of the Press, Freedom of Association and Freedom of Assembly. Further, we find access to the INTERNET as defined by the concept of “Net Neutrality” an Irrevocable right. Had the INTERNET existed when the Constitution was written, the Founding Fathers of this Country would surely have subscribed to the concept of “Net Neutrality”.

PLEASE TAKE NOTICE that WE THE PEOPLE, have decreed and resolved that the INTERNET is an American National Resource belonging to WE THE PEOPLE and as such cannot be censored and/or abrogated and/or controlled and/or materially altered at the whim of Major Corporation Lobbyists nor by Contrivance of alleged National Security Needs.

PLEASE TAKE NOTICE that WE THE PEOPLE, have resolved that any attempt to control the content of the INTERNET, and/or to control access directly to the INTERNET, and/or to create restrictions to publishing to segments of the INTERNET (cable, telecom) via access fees, and/or any other contrived reasons for imposing excessive Government Control and/or the outright shutdown of the INTERNET shall be deemed unconstitutional by WE THE PEOPLE.

IN RE: PUBLIC ACCESS TV

PLEASE TAKE FURTHER NOTICE that WE THE PEOPLE, the Citizens of the United States of America have resolved that the Right of Local Franchising Authorities to contractually require a Cable or Telecom Cable Operators to provide PUBLIC ACCESS TV ( known also as Public, Educational and Government (PEG) Access TV and/or Community TV) as an irrevocable 1st Amendment right inseparable from the rights of Free Speech and Freedom of the Press. The equipment made available to WE THE PEOPLE via PUBLIC ACCESS TV augments and enhances WE THE PEOPLE’S use of the INTERNET and, therefore, also enhances and augments WE THE PEOPLE’S 1st Amendment Rights of Free Speech, Freedom of the Press, Freedom of Association and Freedom of Assembly. Had cable technology existed when the Constitution was written, the Founding Fathers of this Country would surely have subscribed to the concept of “Public(PEG) Access TV”.

PLEASE TAKE NOTICE that WE THE PEOPLE, have decreed and resolved that Cable Technology via the easements it requires and/or the Airwaves it utilizes is an American National Resource belonging to WE THE PEOPLE and therefore the Right of Local Franchising Authorities to contractually require a Cable or Telecom Cable Operator to provide PUBLIC ACCESS TV cannot be removed and/or censored and/or abrogated and/or materially altered at the whim of Major Corporation Lobbyists nor by Contrivance of alleged National Security Needs.

PLEASE TAKE NOTICE that WE THE PEOPLE, have resolved that any attempt to eliminate, and/or to control access directly to the PUBLIC ACCESS TV, and/or the creation of restrictions such as user fees, and/or other contrived reasons for imposing excessive Government Control and/or the outright shutdown of the PUBLIC ACCESS TV shall be deemed unconstitutional by WE THE PEOPLE.

RESOLUTION PREMISE AND RATIONAL

WHEREAS the First Amendment contained within the "Bill of Rights", inseperable from our Constitution states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."[Advice from our Founding Fathers - Part 2];and

WHEREAS George Washington, one of the Founding Fathers and first President of the United States of American said: "If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter." [ibid]; and

WHEREAS James Madison, one of the Founding Fathers and fourth President of the United States of America said: "The people shall not be deprived or abridged of their right to speak, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable." "We have staked the whole future of America civilization, not upon the power of government, far from it. We have staked the future...upon the capacity of each and all of us to govern ourselves,.."[Ibid];and

WHEREAS, various Corporate and Governmental agencies have taken action to restrict the Freedoms of Speech, Press, Association and Assembly guaranteed to WE THE PEOPLE of the United States by the 1st Amendment; and

WHEREAS, the reasons for these attempts to restrict and abridge WE THE PEOPLE’s 1st Amendment Freedoms are largely contrived and duplicitous; and

WHEREAS many of WE THE PEOPLE’s liberties and protections under the US Bill of Rights have been compromised via the Patriot Act under the premise of trading Liberty for Security; and

WHEREAS many of WE THE PEOPLE’s liberties and protections under the US Bill of Rights have been compromised under the guise of the "Community Decency Act" and the proposed "Fairness Doctrine" ; and

WHEREAS various attempts to limit, abrogate or materially alter the INTERNET and PUBLIC ACCESS TV are occurring more or less clandestinely in various Government Bureaucracies and Committees, Backroom deals [ nwo - say good bye to the internet 1/4/2009] [Internet group calls on CRTC to reverse throttling decision]and other venues, as evidenced by the articles and references appearing here and at the end of this resolution; and

WHEREAS Major Media has lobbied congress to restrict access to and control content of the INTERNET in a wrongful attempt to stem its losses resulting from its own failure to provide, WE THE PEOPLE, with unbiased news[Broadband TV Platform Strategies and Roadmaps Survey of Media and Internet, MSO, Telecom, CE Players ]; and

WHEREAS Major Telecom has sought entry into the Cable Operator market and has lobbied Congress to relieve it of the PUBLIC(PEG) ACCESS TV Requirements[Net-Neutrality Backers, Telcos Spar Over Stimulus’ Broadband Rules]; and

WHEREAS Congress has seriously entertained relieving Major Telecom desiring to enter the Cable Operator Market of the PUBLIC (PEG) ACCESS TV requirements[The 411 Show]; and

WHEREAS current Cable Operators have countered with a demand to be relieved of PUBLIC (PEG) ACCESS TV requirements if the new Telecom Cable Operators are relieved of the obligation;

WHEREAS Senator Jay Rockefeller made the following statements, in May 2009, regarding the INTERNET on video tape in Senate hearings:

1) “If the internet was never invented, the corporate media & the Council on Foreign Relations would dominate news and information and alternative media restricted to print would have a far more difficult time counter balancing government propaganda” [Will Rockefeller Succeed in shutting down the Internet];

2) “The world would be better off if the internet was never invented and we had stuck with papers and pencils” [ibid];

3) “Internet is the No.1 cause of attacks [on National Defense Systems], it should not exist” [Rockefeller: Internet is “Number One National Hazard” ]; and

WHEREAS Senator Jay Rockefeller felt comfortable in making these statements in public and in the presence of other Senators; and

WHEREAS no US Senator nor Representative, whether Democrat, Republican or Independent, stood to strenuously admonish Senator Rockefeller for the un-American Tyrannical sentiments of said statements; and

WHEREAS per Gabriel Weimann, author of Terror on the INTERNET. “Nuclear weapons and other sensitive military systems, as well as the computer systems of the CIA and FBI, are ‘air-gapped,’ making them inaccessible to outside hackers.”and

WHEREAS no US Senator nor Representative, whether Democrat, Republican or Independent, stood to vigorously correct Senator Rockefeller on the facts; and

WHEREAS the comfort Senator Rockefeller felt and the failure of fellow US Senators and Representatives to strenuoulsy and vigorously correct Senator Rockefeller on these facts or the sentiments demonstrate the true sentiments and attitude the US Congress towards, WE THE PEOPLE, the Citizens and Taxpayers of the United States of America; and

WHEREAS, by Senator Rockefeller's own testimony "alternative media restricted to print would have a far more difficult time counter balancing government propaganda" Senator Rockefeller has admitted that Citizens' and the Alternative Medias' ability to counterbalance Government Propaganda without access to new technology such as the internet would be abridged, and the 1st Amendment prohibits Congress enacting laws causing such abridgement; and

WHEREAS Senator Rockefeller has admitted that the true purpose of Pending Internet Legislation is to abridge freedom of speech and the Press to enhance the effectiveness of Government Propaganda; and

WHEREAS the Democrats and President Obama have reneged on their Commitment to Net Neutrality[SOI SAVE OUR INTERNET! - Democrats Letting Net Neutrality Die?]; and

WHEREAS various Governmental, captive membership groups and large corporation officials have disparagingly attributed the rise, organization, planning and visibility of the Tea Party movement, Tax Revolt Gatherings, immigration reformists and other groups of political dissent on the INTERNET [[US regulatory Tzar wants Net "Fairness Doctrine"] [[Tea Parties harvest the power of the Internet] [Surrendering to the Internet : Union Democrats in spite of themselves][see tmccullo Apr 27, 2009]; and

WHEREAS President Obama's Department of Homeland Security just issued a study, and sent it to all law enforcement agencies, warning that veterans — along with Obama critics, right-to-lifers, believers in the Second Amendment, tax protesters, those who want to repel the illegal immigrant invasion of our country, and those who “stockpile” food — are potential terrorists and violent “right-wing extremists” for daring to exercise their First Amendment rights.[TEA Party could scuttle Democratic Piracy] [U.S. Intelligence reports continue to confuse Political Dissent with Terrorism] ; and

WHEREAS, by all of the foregoing facts and arguments it is reasonable for, WE THE PEOPLE, to believe that all the current Government attempts to abrogate and/or materially alter the INTERNET and PUBLIC (PEG) ACCESS TV are solely for the purpose of diminishing the voice of dissent in opposition to the Government’s Propaganda and selfish financial gain by Major Corporate Media at the expense of WE THE PEOPLE’s 1st Amendment Rights;

BE IT THEREFOR RESOLVED that WE THE PEOPLE, put the US Supreme Court on notice that we consider the INTERNET and PUBLIC(PEG) ACCESS TV as American National Resources belonging to WE THE PEOPLE, and therefore, access to the INTERNET and PUBLIC(PEG) ACCESS TV to be guaranteed by the 1st Amendment.

BE IT KNOWN TO ALL, that the first 6 paragraphs of this document are, WE THE PEOPLE’s, notice of said resolution to the US Supreme Court.

Respectfully,

WE THE PEOPLE &
Don Mashak
The Cynical Patriot

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May 26, 2009
Honorable Chief Judge John G. Robertson
Supreme Court of the United States
One First Street N.E.
Washington, DC 20543

Don Mashak
POB 231
Albertville MN 55301

RE: Notice in re: Internet, Public Access TV and 1st Amendment

Hello:

I have become distressed recently regarding the slow but persistent erosion of the civil liberties of the citizens of the United States, particularly those enumerated in the Bill of Rights and specifically those guaranteed by the first amendment. I have seen numerous independent activities by various governmental agencies which when taken in Aggregate cannot be seen as anything but an abridgement of every Citizen's Rights to Free Speech and Freedom of the Press.

Of great concern to me is the Major Media either has not printed (and or very unlikely, but possibly has not recognized) the erosion of the liberties of free speech and free press that these various activities taken in aggregate represent. It seems that by plan or design, the American Public is only made aware of these erosions piecemeal and with not much fanfare.

PLEASE TAKE NOTICE, of the attached Notice of the general Citizenry’s awareness of these erosions of Liberty Regarding the Internet and Public (PEG) Access TV and the premises and rational for believing a need to put the US Supreme Court on Notice with regard to these matters. You may view the current version of this document with active hyperlinks at: http://www.examiner.com/examiner/x-11172-Minneapolis-Independent-Examiner~y2009m5d20-Notice-to-US-Supreme-Court-in-re-The-Internet-Public-Access-TV--1st-Amendment-Rights

Please provide a meaningful response or if, if you refuse to as too often government agencies choose to do, please just send me acknowledgement of receipt of said documents. If you are loyal to the intentions of our Founding Fathers, as embodied in our Constitution and the Bill of Rights, I would expect to hear from the Supreme Court of this land a Cacophony of outrage toward the agencies of government that would trespass upon the general Citizenry’s Freedom of Speech & Freedom of the Press. I would further expect the Court to forward to the Leadership of the Executive Branch & to Majority and Minority Leaders of the respective institutions of Congress, and to the FCC and FTC, and any other Governmental Agencies acting to the detriment of the Freedom of Speech and the Press, a copy of said Notice.

Still further, as provided by the Constitution and intended by our Founding Fathers, it is my expectation that the US Supreme Court Exercise its Duty to serve as a CHECK AND BALANCE upon the other two branches of our government and admonish both of them to immediately stop and reverse any actions regarding the Internet and Public (PEG) Access TV which have abridged the general Citizenry's Freedom of the Press, Freedom of Speech and Rights to fair and equitable access to National Resources as delineated in said Notice.

Please advise. Thank you for your time.

Respectfully submitted,

Don Mashak
In Propria Persona - The Cynical Patriot
Cc : Minnesota Supreme Court, various elected representatives and witnesses