Cyberbullying – The Virtual Playground and the First Amendment
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9/7/2013 9:21:31 AM
Jefferson wrote:

As a grieving paernt, I know the heartache of Bullycide. I know the looks. I know the stares. I know the whispers. I know the pain. I know people wonder how something like this could happen in their community, in their school. I still wonder that as I grieve my son’s death two years after his bullycide. My 17 year old son Michael Joseph Berry was the victim of bullycide on his 17th birthday, September 15, 2008 at Mira Loma High School.National Bullying Prevention month is October, and in honor of my son I have started a letter writing campaign on behalf of my organization B.R.A.V.E. ™ (Bullies Really Are Violating Everyone) in order to bring awareness to the ever growing national issue of bullycide. The climate of bullying has changed to the point that it is causing real damage, and ultimately the people who bully must face the consequences of their actions.Bullycide is a death that leaves many victims in its wake.Families are left heartbroken, destroyed, with no place to turn, and very few bullycide resources at their disposal. In many cases the schools blame the victim, and the police refuse to get involved because no laws have been broken.I realize part of the problem in prosecuting bullying is due to the fact that the perpetrators are in fact children themselves. However, it is my opinion that we must hold not only the children accountable, but the professional’s accountable for the behavior that is tolerated at their school. Additionally, when we say we have a zero tolerance for bullying we must mandate and enforce that zero tolerance – even if it’s uncomfortable.Our national bullying problem is further compounded by the failure to have any type of national law that holds the schools responsible for the behavior of the children in there care, even state laws widely differ on how best to protect our children while at school. We are working to change and update the California State Anti-Bullying Law, which was last updated in 2003, where it was a D prior to the 2003 update. Currently, our law is ranked a B by the watch dog organization Bully Police.If we are to see a change in law then we must first do something other than talk about it. We must realize it is more rampant than anyone knows, and we must toss out our preconceived ideas of what bullying means and deal with it today – as it is because the lives of our children depend on us to ACT, and act swiftly. There’s so much that needs to be done on behalf of the children who suffer at the hands of bullies.We need as a society to do more than just play lip service to the very real pain that is associated with bullying. Each victim of bullycide is a child that was left to flounder, a child that felt no one understood, a child that felt betrayed by the very people who were charged with their wellbeing. Parents of the victims and the perpetrators both expect the schools to do something, and yet we as a society do nothing. I urge you to stand with us as we come together in the quest of valor, committed to courage in defense of a noble cause. Stand with us as we stomp out bullycidePeace and prayers,Lisa Ford-BerryB.R.A.V.E. (Bullies Really Are Violating Everyone)
9/8/2013 11:57:59 AM
Seftti wrote:

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9/9/2013 10:51:34 PM
Sofya wrote:

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2/11/2014 1:00:06 PM
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5/2/2014 10:13:44 AM
James L. Smith wrote:

12:57 PM 5/2/2014

James L. Smith says:
Your comment is awaiting moderation.
May 2, 2014 at 4:53 pm

I need help. I am begging for it, because the cyberstalking warrant for me is I KNOW WRONG WRONG WRONG.
Here is the warrant:

7:27 AM 5/2/2014

Re: State vs. James L. Smith, 13 CR 58245
Buncombe County vs. James L. Smith, 13 CvD 1106
Grist vs. Smith, 13 CVD 4701


This is to advise that because of an illegal warrant for cyberstalking, and other salient reasons including my terrible health at this time, I have been a prisoner in my own home since the last of March of this year. An order for my arrest must have been based on the illegal warrant because Asheville police are now trying to serve this order for arrest and hold me in the Buncombe County Jail under a $5,000 bond which I cannot make. I cannot begin to tell you what outrages against the Supreme Law of the Land this prosecution is, and these other anomalies are.

The warrant is illegal because it is a crude attempt to extort me from publishing viewpoint-based speech on the internet which is addressed to the whole world, not to any one particular person, and is protected by the First Amendment, as pointed out by UCLA Law Prof. Eugene Volokh in his law review article, _One-to-One Speech vs. One-to-Many Speech,_ a 64-page downloadable PDF file which may be found here:

And by Law Prof. A. H. Caplan, whose scholarly treatises in First Amendment law are also published in the internet.

Furthermore, the warrant should be quashed for failure to provide notice of the charge. I have repeatedly requested Michael Casterline, my attorney, to file a motion to dismiss this ridiculous warrant. I have drawn up the motion myself and furnished him with copies of it. In rough draft it may be seen here:

The illegal order for arrest and punitive high bond is also illegal for more reasons than that the OFA is based on an illegal warrant. My two doctors, Dr. Hemme and Dr. Goebel, both faxed to the designated courthouse numbers listed on the clerk’s website that I would be unable to attend court on 2 April 2014. I am informed that these faxes were placed in the files in the criminal case, 13 CR 58245 and the so-called civil case, Grist vs. Smith, 13 CVD 4701. These faxes were intended that in any case in which I am a party or witness, I am unable at this time to attend court because of degenerative disc disease, scoliosis, nerve root stenoses, and tremendous pain and weakness.

Therefore, any attempt at effecting my arrest, pursuing the OFA, pursuing the illegal criminal warrant, pursuing any followup on the matters, 13 CVD 4701 or Buncombe County vs. James L. Smith, 13 CVD 1106, including hearings or other matters that affect my freedom or property rights, until I am able to attend court, will be deemed a violation of my civil rights protected by the Constitutions of the United States and North Carolina, and secured by 42 U.S. Code, Section 1983; and 18 U.S. Code, Section 242 (Deprivation of Rights Under Color of Law).

In this regard you will please note that I was scheduled for emergency L-1,L-2,L-3 disc surgery by Dr.Goebel approximately a month ago and had to postpone this emergency because of so many pending court actions. And frankly, I was just too sick with fever to get to the hospital.

The object as with all of these frivolous and malicious lawsuits has been to hold me in a state of sheer terror, destroy my dignity, turn me into an outcast, plunge me into an abyss of hopelessness, steal my property, overthrow my brain, and break my heart.

This 2nd day of May, 2014

James L. Smith
199 Aurora Drive
Asheville, NC 28805
1/27/2015 2:30:04 PM
km wrote:

2/27/2015 9:29:06 AM
James L. Smith wrote:


The malicious prosecution for cyberstalking was dismissed months ago in open court by a district court judge. The was the second illegal prosecution for cyberstalking. The first one was dismissed by our corrupt DA, Ron Moore, who lost his bid for reelection when the people of Buncombe County had had enough of his depravity.


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