Saturday, April 14, 2007
My dear friends, this is an update on the lawsuit filed against us in North Carolina. I am going to give some background information to remind you of what this is about and also it will help inform new members who are unaware of the issue.
On September 6th of last year, The Rhino Times, a North Carolina conservative weekly tabloid newspaper file a lawsuit against us claiming we were employing unfair business practices. This came about because one or more individuals in North Carolina were using old and discarded sections of The Rhino Times in the distribution of Knights Party literature.
As most of you know it has been the practice of many people to take sections of old newspapers and roll them up like a newspaper boy (girl) might do and wrap a piece of literature around it, secured with a rubber band. Often hundreds and even thousands of these might be prepared and then distributed in neighbor hoods as a means of spreading the news of White Christian Revival.
People who do this may be members of The Knights, or they may be someone who is sympathetic to our objectives. Most groups who are part of the white nationalist movement engage in this practice.
There is nothing illegal about this activity and it is constitutionally protected. Sometime, however, when this happens the publisher of the newspaper will complain and call the national office and warn us that we are not to use "their" newspaper for such a practice. I was even given such warning from our local newspaper, The Harrison Daily Times. Over the years I have had many such phone calls. I even had such "warnings" from the police. Others have sent me bills amount to thousands of dollars. I recall one newspaper from Missouri sending me a bill in excess of $50 thousand dollars. I have had many letters from lawyers informing me that we are not to use the newspapers of publishers they represented.
Of course, the publisher of any newspaper does not own these newspapers in perpetuity. Once a newspaper is sold or given away the publisher has lost controlling interest. For example it would be the same as if Ford Motor Company sued me because one of our members was driving a Ford while passing out literature.
When I would get such a phone call from a publisher or lawyer threatening such a lawsuit, I would chuckle and explain that they no longer own the newspapers. And even if they did have an actionable cause, (which they don’t) it would only be against the person who was actually distributing the literature.
Of course our analysis is correct and for that reason we have never had a newspaper who has been able to find a lawyer stupid enough to pursue such action.
So the Rhino Time has this lawsuit filed. And even though it is silly, if successful, it would hamper our ability to economically get literature distributed.
In the fall we informed our membership of this lawsuit and have been successful in raising money to hire a competent attorney. In the past I related the story (what was nothing short of a miracle) on how this came about through a contact I made 30 years ago while speaking in North Carolina.
In reporting about their lawsuit against The Knights, The Rhino Times made a slanderous remark about The Knights which was libelous. This was also posted on their web site. As a result we filed a lawsuit in Arkansas asking for 50 thousand dollars in damages. That lawsuit was recently dismissed, however, we feel that our cause is just and will be appealing the dismissal.
A few days ago I was given a settlement agreement from The Rhino Times. In their agreement they offer to drop the lawsuit if I will agree to certain conditions.
The settlement agreement offered follows.
GUILFORD COUNTY SETTLEMENT AGREEMENT
This Settlement Agreement is entered into as of this _______day of ___________ 2007, between Hammer Publications, d/b/a The Rhinoceros Times ("The Rhino Times’) and Knights of the Ku Klux Klan and Knights of the Ku Klux Klan d/b/a The Knights Party, and The Knights Party (collectively referred to as "The Knights Party").
WHEREAS, on December 19, 2006, The Rhino Ties filed an Amended Complaint and Motion for Temporary Restraining Order and Permanent Injunction ("Amended Complaint") against The Knights Party in Guilford County Superior Court, 06 CVS 9975; and
WHEREAS, on October 10, 2006, the Knights of the Ku Klux Klan filed a lawsuit against Hammer Publications d/b/a The Rhinoceros Times, William Hammer and John Hammer in Boone County, Arkansas, Circuit Court, CV-2006-277-2, and whereas the defendants in this case have filed a Motion to Dismiss; and
WHEREAS, this Settlement Agreement reflects the agreement between The Rhino Times and The Knights party concerning all matters set out in these Complaints; and
WHEREAS, this Settlement Agreement is entered into by the parties hereto in order to resolve any disputes in an amicable fashion and to avoid the expense and uncertainty of litigation;
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, The Rhino Times and The Knights Party agree as follows:
1. The Knights Party, by and through its officers and agents, including Thomas Robb, National Director of The Knights Party ("Mr. Robb") acknowledges that copies of its newsletter, I.e., a newsletter distributed by The Knights Party, are being placed in or about publications of The Rhino Times without the consent of The Rhino Times.
2. The Knights Party and Mr. Robb acknowedges that copies of the newsletter distributed by The Knights Party should not be distributed by placing them inside or with copies of The Rhino Times or any other independent publication.
3. The Knights Party and Mr. Robb agree that it will affirmatively discourage and take all necessary actions to prevent their newsletter, I.e. The Knights Party newsletter, or any other newsletter distributed by The Knights Party, from being placed in or about The Rhino Times or any other independent publication.
4. The Knights Party and Mr. Robb agree to contact all members of its organization residing in Guilford, Forsyth, Davidson and Alamance Counties, North Carolina, so as to put these individuals on notice that The Knights Party newsletter should not be distributed by placing such newsletters in or about The Rhino Times or any other independent publicatin.
5. The Knights Party and Mr. Robb agree that the following statement shall be included in the next six consecutive issues of The Knights Party newsletter:
"Copies of this newsletter should not be distributed by placing this newsletter in or about any other independent publication, such as newspapers, magazines or other newsletters. If you or anyone you know is distributing this newsletter by placing it in or about another publication, you must immediately cease such activity."
6. In consideration for The Knights Party taking the actions as set out above, The Rhino Times will, within ten days of execution of this Agreement, dismiss its lawsuit against The Knights Party without prejudice.
7. In consideration for The Rhino Times dismissing its lawsuit against The Knights Party, The Knights Party will either [a] not appeal a decision by the Circuit Court of Boone County, Arkansas granting the defendants’ Motion to Dismiss, or [b] dismiss their lawsuit filed in the Circuit Court of Boone County, Arkansas, if the Court denies defendants’ Motion to Dismiss.
Publisher of The Rhino Times
The Knights Party National Director
Now I want you to take time to read this agreement over again, if necessary, to fully understand this SETTLEMENT which has been offered to us. I will be quite honest with you. The easiest way for me to handle this would be to sign the agreement. If I would do that our legal troubles would be over and we could go on. But I don’t think that is what you would want me to do and frankly I don’t feel compelled to lay supinely before tyrants.
Our forefathers met at the common green of Lexington and with stubborn grit let the British know that they would rather fight than run. I believe such a day is upon us once again. Our forefathers were fighting for their liberty but today we are engaged in this struggle not just for our liberty but for the very heart and soul of our children.
In our appeal we made last fall we raised a little over 5 thousand dollars. Our legal expenses thus far has consumed about half of what we raised. The battle still continues and litigation hasn’t even begun. We have been ordered by the court to met with a mediator. I don’t expect this to produce anything satisfactory, however, I have no choice but to comply with the court order or lose by default. I along with our local counsel will have to fly to North Carolina sometime before the first of June for this meeting. After this, our legal expenses are going to mount fast and I have to be in a position to pay attorney fees, plus travel to North Carolina when we go to court.
Again, you have to be aware that I could simply submit. But I ask myself, how much longer are white people going to submit to their oppressors without resistance.
We have recently seen Don Imus submit to the demands of Al Sharpton, Jesse Jackson and the whole black power establishment. Is that what you want me to do?
I certainly hope not. But I can’t continue his battle without your continued help. We need a financial gift today. Large, small, medium - something. Then I need you to let me know that I can count on you in the future if our legal expenses grow beyond the money we have raised.
We have members and supporters who struggle from week to week to pay their bills and put food on the table. But I also know we have members who are doing quite well and we have some who are doing VERY well. So whether you are able to help with a lot or with a little I want you to know I appreciate every dollar you send.
I hope to hear from you soon. If you can, give me a call and let me know that you are pledging your support for my decision to resist rather than submit.
You can call me at 870-427-3414 and let me know I can count on you. You can help through cash, check or with a credit / bank card. Mail this to P.O. Box 2222, Harrison, AR 72601. Or call me with your credit/bank card information.
For Faith and Freedom!