On March 18, 2016, Honorable Judge Kirkendall signed an order dismissing the Avery versus Dylan Baddour and Hearst Communications, Inc., owner of the Houston Chronicle and their websites HoustonChronical.com and Chron.com. The lawsuit filed November 3, 2015 was for libel against Dylan Baddour, a news reporter for the Houston Chronicle, and its owner Hearst Communications Corporation.
The Motion to Dismiss the case was filed under the provisions of the newly passed legislation entitled the Texas Citizen Participation Act which was passed to protect citizens participating in government to the maximum allowed by law without the burden of SLAPP suits or Strategic Lawsuits Against Public Participation.
The in-house Hearst attorneys came to Seguin, Texas from New York City, where the main headquarters of the Hearst Corporation is located, and asked for only 15 minutes to hear a three part complicated motion that has three distinct parts or phases.
Apparently in the Hearst attorneys' haste to make a complicated set of issues appear super simple, they failed to submit evidence for mandatory reasonable attorney fees, costs and expenses.
When it came to Avery's turn to make his argument he immediately said that the motion was large and had many issues and much evidence to review and that the judge should take it under advisement. The judge quickly interrupted Avery and asked him if he had an argument. Avery replied that he did and continued but knew the judge was not going to tolerate a full and adequate hearing on this motion. So Avery submitted his 19 page chart or Outline of Oral Argument to the court the following morning.
At the end of the hearing held on a Thursday, the judge said that he would take the case under advisement and that he would get to it the next week. On Tuesday morning the judge wrote a letter that was emailed to the parties at 1:46 PM that same day saying that he was of the opinion that the lawsuit should be dismissed. The judge signed the order scratching out and initialed the Defendants' request to move the court at a later time to present evidence of attorney fees, costs and expenses.
Avery cannot permit this perversion of both the purpose of the Texas Citizen Participation Act and the ethical operation of newspapers in Texas. He filed his Notice of Appeal and his Request for Findings of Fact and Conclusions of Law and Request for the Court Record on Tuesday March 29, 2016 at 12:00 noon.
The people no longer have optional major independent news sources. The media has become monolithic with an agenda that all the major media corporations systematically follow characterized by:
This means their agenda is to make the American public into terrorist so the government can end liberty and freedom in America. And they want to do this world wide. Only the courts can stop this agenda being carried out by main stream media. That is why Avery must continue this case and appeal so that there is a chance that we can hinder the march of media moguls from trampling America under its boots.
If you believe this doesn't happen check out these two recent links: