Bill Windsor has filed a motion to dismiss the criminal charge against him for felony tweeting

Bill Windsor has filed a motion to dismiss the criminal charge against him for felony tweeting. 

As far as William M. Windsor knows, he is the only person ever criminally prosecuted for Felony Tweeting.

Yes, it is totally ridiculous, but two years in the Montana State Prison is not funny…

These charges were filed by Missoula County Attorney Kirsten Pabst, Jennifer Clark, and Tyler Dugger.  They should all be disbarred.

Here is the Motion that was filed today.  Joomla and Microsoft Word don’t get along well, so forgive spacing and numbering.  The filing was correct.

This is the alleged crime, a Tweet sent on December 30, 2013 that said: “Bill Windsor is banned from the University of Montana and Sean Boushie.  Corruption at its finest.” 

The short story to this is that I didn’t send a Tweet on December 30, 2013.  Tweeting is a Constitutionally-protected activity.  The bogus protective order issued against me on August 23, 2013 expired.  Even if it hadn’t expired, it did not limit Tweeting, and if it had, it would have been invalid as that would violate the Constitution.  The State of Montana has no evidence or testimony to even attempt to claim that I sent the Tweet, and their obligation is to prove that I sent it for the purpose of commiting a crime.  Not gonna happen.

MONTANA FOURTH JUDICIAL DISTRICT COURT

MISSOULA COUNTY

State of Montana,                                 §        Dept. No. 3

          Plaintiff,                                     §        Cause No. DC-14-509

   v.                                                       §       

William Michael Windsor,                   §        MOTION TO DISMISS

          Defendant.                                  §        CHARGE #4 – TWEET

                                                                                                                

          COMES NOW William M. Windsor, Defendant, who files this “Motion to Dismiss Charge #4 – Tweet,” and shows the Court as follows:

INTRODUCTION

1. William M. Windsor has been simultaneously charged with five protective order violations. (See DC-14-509 Docket # 1, 2, 3, 4, and 5.)
2. There are many reasons why this and all the charges should be dismissed. Other grounds have been or will be presented in separate motions. This motion simply addresses the specific reason why this unique charge must be dismissed.
3. William M. Windsor did not personally send a Tweet in December 2013 or any time in 2014, nor did he ask anyone to send a Tweet for him.

FACTUAL BACKGROUND

1. William M. Windsor was in Dallas Texas on December 30, 2013 recovering from a fractured skull.
2. The charge reads: “On or about the 30th day of December, 2013, the above-named Defendant committed the offense of violation of an order of protection when, with knowledge of the order, purposely or knowingly violated a provision of an order provided for in 40-4-121 or an order of protection under Title 40, chapter 15, to wit: “Defendant posted Sean Boushie’s name on Twitter, a third or subsequent offense.” Elsewhere, this is stated to be the posting of a video with the title: “Bill Windsor is banned from the University of Montana and Sean Boushie.  Corruption at its finest.”
3. On June 10, 2014, the Montana Supreme Court stated that the TOP provided that William M. Windsor could not post about Sean Boushie on www.SeanBoushie.com. It did not say that William M. Windsor could not use Sean Boushie’s name in other ways.
4. On August 17, 2015, each of the State’s witnesses were interviewed. The witness with knowledge of the Tweet is Missoula Police Department Detective Chris Shermer. He says he printed a copy of the Tweet. He has no personal knowledge as to who, if anyone, sent the Tweet that he has a copy of.

ARGUMENT

A.   THE TEMPORARY ORDER OF PROTECTION DOES NOT PROHIBIT TWEETING.

1. The Temporary Order of Protection (“TOP”) on which the charges are based does not prohibit Tweeting. A true and correct copy of the TOP served on William M. Windsor is attached as Exhibit A hereto.
2. As the TOP does not prohibit Tweeting, sending a Tweet cannot violate it.
3. If the TOP was ever valid, it prohibited only a “post.”   A Tweet is not a “post.”  A post is defined as “to publish a message in an online forum or newsgroup.”  There is nothing in the TOP to prohibit William M. Windsor from publishing Sean Boushie’s name in a Tweet; all the TOP prohibits is this: “Respondent shall not post Petitioner’s name on liv.” Or “on lit.” William M. Windsor does not even know what “on liv” or “on lit” means. There is nothing in the TOP that says someone unknown to William M. Windsor may not Tweet the name of Sean Boushie, or post it, or publish it, or anything else.
4. Exhibit 22 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Motion to Quash Bench Warrant in this matter is a true and correct copy of the home page of William M. (Bill) Windsor’s Twitter feed. It shows that 13,081 Tweets had been sent.  Please note the second Tweet on the page (circled).  This shows the name William M. Windsor and @LawlessAmerica.  But look at the second page.  It shows the Tweet was sent by Lawless America Massachusetts.  There are approximately 50 state Lawless America Facebook pages that have been maintained by people other than William M. Windsor. William M. Windsor has never seen that Tweet, nor has he seen very many of the 13,081 Tweets.  Twitter offers a variety of applications for Tweeting.  Exhibit 23 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Motion to Quash Bench Warrant is a true and correct copy of information off William M. Windsor’s Twitter account to show the Twitter Applications used by William M. Windsor’s account to show that automatic Tweets are generated from a variety of programs used in a variety of locations.  
5. Since Tweeting was not addressed, and since the Tweet was never sent to Sean Boushie, there can be no violation of a protective order.
6. This charge must be dismissed.

B.  WILLIAM M. WINDSOR DID NOT SEND A TWEET, AND HE DID NOT AUTHORIZE ANYONE ELSE TO SEND A TWEET.

1. William M. Windsor has sworn that he did not send a Tweet. He did not authorize anyone else to send a Tweet. He did not know any Tweet was sent or if one even was sent.
2. William M. Windsor did not “post” anything on Twitter in December 2013 or at any time in 2014.
3. William M. Windsor did not publish a video in December 2013, not on Twitter and not anywhere else.
4. Twitter does not even allow publishing of videos on its site.
5. The referenced video was posted on August 23, 2013 on YouTube. See https://www.youtube.com/watch?v=qwr6eU3Pre0. It has never been posted anywhere else. The video was taken with the permission of the Missoula County Sheriff’s Department and the University of Montana. It was the last video that William M. Windsor posted to his YouTube account.
6. Note that the title of this video is: “Bill Windsor is banned from the University of Montana. Corruption at its finest.” It does not mention Sean Boushie.
7. The State claims the Tweet is titled: “Bill Windsor is banned from the University of Montana and Sean Boushie.  Corruption at its finest.”
8. On YouTube, the description of the video shows clearly that William M. Windsor did not publish the words “Sean Boushie,” but used a fake name “Sushie.” The description says: “Bill Windsor is banned from the University of Montana and Sushie-Land. Corruption at its finest. Folks, the TV show has a new ending. Talk about something that could not have been scripted better. It’s so perfect that if you saw it in a dramatic show, you would shake your head and say, I knew that was coming. As I quietly filmed in front of the University Center right smack dab in the middle of campus, these two gendarmes strolled up and served ME with a Temporary Order of Protection for Sushie. That’s right, every single law enforcement agency and judge in Missoula and Ravalli County has denied my massive evidence in my requests for protective orders against Sushie, but he lies his ass off and gets one against me. Now this is great because I got the entire episode on film, AND I get to have a hearing with the criminal and Wynette Boushie. I now have to stay 1,500 feet away from Sushie and Wynette Boushie and 1,500 feet away from the University of Montana.
9. Someone intentionally altered this video title and sent a Tweet. William M. Windsor has no doubt that it was Sean Boushie or one of his co-conspirators.
10. This charge must be dismissed.

C.   THE STATE HAS NO EVIDENCE THAT WILLIAM M. WINDSOR SENT A TWEET.

1. The State has no evidence to show that William M. Windsor sent a Tweet. No one has personal knowledge of this except William M. Windsor, and he did not send a Tweet.
2. This charge must be dismissed.

D.   THE MONTANA SUPREME COURT HAS RULED THAT BLOGGING CANNOT BE DENIED BY A PROTECTIVE ORDER, AND TWEETING IS A FORM OF BLOGGING.

1. The Montana Supreme Court previously ruled in Windsor v. Boushie that William M. Windsor’s blogging is not stalking and cannot be denied by any order of protection. Tweeting is a short form of blogging.

“…the offense of stalking does not apply to a constitutionally protected activity, § 45-5-220(2), MCA, and, as the District Court noted, the blogging alleged here involved First Amendment ‘free speech’ rights with which [Windsor and Boushie] each appear familiar and in which they regularly engage.” (Windsor v. Boushie, DA 13-0618 (Mont. 02/25/2014).)

1. On June 10, 2014, the Montana Supreme Court ruled that the TOP provided that William M. Windsor could not post about Sean Boushie on www.SeanBoushie.com. He hasn’t, and Tweets may be sent only on Twitter.
2. This charge must be dismissed.

E.   THE TEMPORARY ORDER OF PROTECTION WAS UNINTELLIGIBLE.

1. The TOP was unintelligible, as William M. Windsor stated in his sworn Motion on August 26, 2013. [A true and correct copy of the Motion for Modification filed in the underlying case on August 26, 2013 where William M. Windsor asked the court to clarify the TOP is on the Flash Drive — Exhibit 41 in the folder named Missoula Montana Criminal Case filed with the Motion to Quash Bench Warrant in this case.] The TOP was never modified to make it intelligible.
2. The word “Tweet” does not appear in the TOP.
3. If any other term in the TOP was supposed to refer to a Tweet, it failed to do so clearly.
4. There is nothing in the TOP to prohibit William M. Windsor from publishing Sean Boushie’s name in a Tweet – “Respondent shall not post Petitioner’s name on liv.” Or “on lit”. There is nothing in the TOP that says someone unknown to William M. Windsor may not Tweet the name of Sean Boushie, or post it, or publish it, or anything else.

F.   WILLIAM M. WINDSOR DID NOT SEND A TWEET KNOWINGLY AND PURPOSELY WITH THE INTENT TO VIOLATE A PROTECTIVE ORDER AND COMMIT A CRIME.

1. A key element that the State must prove is that William M. Windsor “knowingly and purposely” violated the protective order, that he intended to commit a crime.
2. William M. Windsor did not do anything purposely or knowingly. If someone unknown to you tweeting the name of Sean Boushie was to be restricted in the expired TOP, the law requires that it be spelled out. William M. Windsor identified the ambiguity in the TOP in a Motion filed three days after he was served.
3. William M. Windsor has sworn that he did not send a Tweet and that he never did anything to knowingly and purposely violate a protective order.
4. This charge must be dismissed.

G.   A TWEET DOES NOT VIOLATE MONTANA LAWS ON STALKING, SO A TWEET MAY NOT CONSTITUTE A VIOLATION OF A PROTECTIVE ORDER.

1. Montana laws on protective orders are to promote safety and protection of all victims of stalking. Stalking is following someone or mailing, emailing, or having electronic communication with the protected person. Tweeting to your followers on Twitter does not fall anywhere in the definition of “stalking.”
2. The TOP claims the court found that Sean Boushie was “in danger of harm.” Sean Boushie was not harmed by a Tweet that was not sent to him that simply states William M. Windsor’s opinion that the actions taken involving Sean Boushie in Montana represent corruption at its finest.
3. This charge must be dismissed.

H.   TWEETING IS A CONSTITUTIONALLY-PROTECTED ACTIVITY, SO IT MAY NOT BE RESTRICTED BY A PROTECTIVE ORDER.

1. Montana law states very clearly (MCA 45-5-220) that stalking does not apply to Constitutionally-protected activity. Freedom of speech and freedom of the press are the most fundamental of the Constitutionally-protected activities. Tweeting cannot be restricted based upon the First Amendment to the United States Constitution. Similar protection is in the Montana Constitution.
2. The Montana Supreme Court has ruled that blogging by William M. Windsor is a Constitutionally-protected activity.
3. No judge can legally order anyone to not post, print, or display the name of a person. 
4. This charge must be dismissed. 

CONCLUSION

1. William M. Windsor never sent a Tweet. The State has no evidence that he did. The State has no evidence or testimony to indicate that he knowingly and purposely sent a Tweet to violate a protective order. Jennifer Clark swore to Judge Karen Townsend that William M. Windsor knowingly and purposely sent a Tweet to violate a protective order, but it was a false sworn pleading by Jennifer Clark.

PRAYER

WHEREFORE, William M. Windsor prays that Charge #4 – Tweet be dismissed; and for such other relief as the Court feels is appropriate.

This 24th day of August 2015,

_________________________

William M. Windsor

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For a quick update on Bill Windsor’s saga and upcoming trial, see this summary on LawlessAmerica.com.

If you want to reach Bill Windsor, his home address is 5013 S Louise Ave #1134, Sioux Falls, SD 57108.  That mail gets forwarded to him once a week.  His email is Pro-Se-1@outlook.comThis. His phone is currently confidential, but it is not answered; messages are checked by dialing in to Verizon from a state far, far away, and Bill receives an email with the name, number, and one sentence summary of each message.

For the Lawless America videos, see www.YouTube.com/lawlessamerica.  Bill Windsor’s Facebook page is www.facebook.com/billwindsor1  Bill Windsor’s Twitter account is www.twitter.com/lawlessamerica.  And click here for the Lawless America Facebook page that has just magically reappeared.

Image copyright SocialMeep.com

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William M. Windsor

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 FABOJ