Media Island Meltdown & Abuse of Process (SLAPP)

(Most recent lipstick on the pig)

Shawna Hawk,Trojan Horse usurper of Media Island

Shawna Hawk, Trojan Horse usurper of Media Island

Had Shawna & Mournful Meek lived at the same time, they’d have formed the perfect union having all the best known characteristics of a dog except loyalty.

Hawk-v-Walker Slideshow 


And therein lies the problem and the tale!

Media Island’s Whiners & Drama Queens

The rub: The Drama Queen in chief has taken over this 501(c)3 non-profit corporation–introducing herself initially in the form of a Trojan Horse.

New crew settles in Media Island:
Shawna’s SLAPP suit: Shawna Hawk v. Dana Walker
Notice of Hearing _ Shawna

Dana’s Response (RSP) to Shawna’s SLAPP suit

Real Change Affidavit of Support for Dana

Rick Fellows, long time prior MI board member, Affidavit of Support
Rick Declaration for Dana

Tom Nogler, long time prior MI board member, Affidavit of support
Tom’s Statement

Opium’s (online abattoir) demonizing all white men as ‘white supremacists’ and ‘over privileged white patriarchs’ in support of the manipulative sexist racist drama queen, Shawna Hawk:

Drama Queen’s Letter to Oly Food CoOp Demonizing Dana
Shawna Complaint to CoOp

14 year old Olivia Fellows Challenges Drama Queen’s condescending tone

Hysterical Drama Queen Guts Rick Fellows & Tom & Media Island
Using Dana Walker (pic below) as her personal white bogeyman

Jimmy ADMITS he’s a privileged white male patriarch in the above MI audio. The truth be told, he has all the characteristics of a dog except loyalty.  White male patriarchs are personas non-grata now at Media Island—UNLESS they’re SOOoo privileged and rich Shawna & disciples refuse to notice.  It would appear Jimmy is the exception to anti-white male discrimination at MI.  Hey, Big Spender!–you’re too cool.

Dana Walker ( Shawna’s bete noire), homeless independent community journalist & publisher of THE THUNDERBOLT weekly online magazine, previously unpaid caretaker of Media Island & programmer of its KOWA radio station

Shawna managed to be elected to Media Island’s Board of Directors by way of a vote of approval by the very (feckless) board members she removed from that same board soon thereafter, i.e. Rick Fellows and Tom, who had invested 32 years of their life into the community based non-profit, w/no pension/retirement, no gold watch, no health care, no nothing!

Shawna removed other progressives as well, among them: Food Not Bombs, an organization dedicated to feeding the poor; Works In Progress, a progressive newspaper; Bruce Wilkerson, a community activist; Dana Walker, an unpaid caretaker, independent homeless community journalist, publisher & KOWA radio programmer; Abby, a black woman and unpaid caretaker prior to Shawna’s arrival, and others whose names escape this journalist for the moment due to sheer numbers.

Shawna Hawk’s ALMA MATER (TESC, College of Indoctrination):

Shawna replaced these activist organizations with her personally selected coterie of TESC indoctrinated  sexist racists and bigots who vehemently argue all white men are persona non-grata (except Jimmy, the President of the board who is so wealthy they appear not to notice how white and male HE is!), white supremacists, and privileged patriarchs. i.e. They hate white men, insult and constantly disparage them while routinely discriminating against them.  And, frankly, a number of those men that have previously been in the Media Island mix DESERVE it–stupidity has consequences.

Shawna Hawk’s favored neo-male type: James A. Bolling of TESC:

101018 NIGHT OF THE LONG KNIVES MII Board Meeting Xcription

Even the gods cannot protect fools from their folly goes a Greek aphorism.  You boneheads KNEW (or should have with even a modicum of due diligence and a background check) SHE WAS A SNAKE WHEN YOU PICKED HER UP! Even Evergreen’s KAOS radio station showed her the way out the door.  Her ex-husband’s sworn declarations in their divorce (Pierce County) make life living with her sound like a tale from the crypt. “Those who sow the wind shall reap the whirlwind.” -Hosea-

THE current FALSE NARRATIVE (sweeping the dirt under the rug):

From Media Island’s home page:

We live in critical times. No longer can we avoid our responsibilities to each other and to the planet. The opportunity for the evolution of a more inclusive, ecological, and international civil society lies before us. At Media Island International we believe individuals will take these steps when given access to the whole story. Understanding that people’s access to information is limited by corporate ownership and control of most communication outlets, MII is dedicated to provide access to alternative media and first-hand sources of information regionally, nationally, and internationally. MII is committed to collecting, processing, and distributing crucial information addressing the social justice, economic democracy, ecological sustainability and peace issues that we all collectively face. ​At Media Island’s resource and networking center we provide tools to make individuals voice heard and resources to strengthen that voice. Media Island’s center is host to a variety of meetings, workshops and speakers to help educate and network our communities. People are welcome to stop in browse, socialize, plan, compute, watch a video or just sit down and enjoy a hot beverage. In addition to the books, CDs and videos that are available at the library, we also have zines, magazines, newspapers, a wide variety of information from many campaigns and struggles locally, regionally continentally and worldwide. Many of these materials are available at the Info-shop on the front porch, and are available in our library. Our Issue based research archive is held in numerous filing cabinets and holds materials dredged up over decades of Social Justice, Economic Democracy, Ecological Sustainability, and Peace campaigning. To broaden the distribution of important information, volunteers strive to publish information packets at critical times to provide a more complete picture of current events. Anyone interested in making information accessible should plug in. ​The library and Infoshop are maintained through the hard work and dedication of members of the Media Island Collective and the community. None of the volunteers are paid and all donations to the library go towards maintaining the space and expanding the collection. Without the support of the community the library would not be possible. If you find this space valuable in any way please help support us. We are working to reestablish public open house hours but currently are available via request and reservation, and very much depends on volunteer energy. Access phone numbers are posted on the front door. Visit the info-porch during open house hours. The Back Story of Media Island Media Island International (MII) was started in 1984 by a group of dedicated activists with a desire to spread under-published information on critical issues ignored by the mainstream media. For many years, MII accomplished this goal by reprinting and distributing articles from alternative publications as well as information and news gained from direct contact with those working on the issues. Understanding that access to information is limited by corporate ownership and control of most communication outlets, MII dedicated itself to distributing alternative media and developing relations with first-hand sources of information locally, nationally and internationally. This deepened our involvement with people working on under-reported and critical environmental, indigenous, peace, and social justice issues such as:

  • Black Mesa/ Big Mountain: Native Americans challenging forced relocation.
  • Leonard Peltier: Internationally recognized as U.S. political prisoner.
  • Lyle Point: native fishing and burial site on Columbia River threatened by development.
  • Chiapas, Mexico: Mayans suffering militarization and violence call for help from international civil society to achieve autonomy, justice and peace with dignity.
  • Grass Lake, Allison and McAllister Springs, Rolling Fields, and Long Lake campaigns: Citizen activists working on local pressing environmental, public health and growth management issues. Our volunteer staff aided in developing lawsuits against developers, networking individuals and groups of interest to specific issues, and doing educational campaigns. Our work directly aided drinking water source protection and pesticide education, the preserving of wetlands, and curbing urban sprawl through the creation of public parks.
    And many others.

Media Island is no longer meaningfully accessible to the vast majority of Olympia’s residents–As a reading of the above linked article and details makes painfully clear.

Please help in circulating the above article I spent days researching and investigating in order to expose the machinations behind the hostile takeover of Media Island. Those responsible, and their acolytes, are engaged in a campaign of censorship to hide the facts of the hostile takeover of Media Island…including the deliberate triggering of FB’s algorithm suppressing the above post-link from being relayed–a link to an article on the Mason County Blog covering the story. Please copy and paste it liberally. This NEEDS to get out there. Dana’s trial/hearing is today in the Thurston County District Court. Rm #3, 2000 Lakeridge Drive, Olympia, WA @ 9:00 PM . (11-30-18) The case is all about trying to shut Dana up (or any other journalist so disposed) from reporting on the intrigue at Media Island along with the blatant racism and sexism currently underway. Those in favor of 1st Amendment principle’s can’t all be shut down, even with the likes of Zuckerberg blocking the way, if we collective take direct action to preserve the 1st Amendment and right to public participation. The above article contains an audio recording the principals tried to keep a secret with a confidentiality ‘agreement’ that was overcome with a subpoena. It reveals the virulent machinations behind closed doors along with other shocking court documents–not the least being the effort to use Washington’s anti-harassment statute (RCW 10.40) as a SLAPP suit (against public participation)–an egregious abuse of process.

181203The Thunderbolt v. CoOp

Shawna and Jimmy’s Unjust Enrichment Scam:

Be part of the solution. If we fail to exercise our rights, we WILL lose them, and the leftwing neo-Nazi sexist racist anti-white new order will become the new normal, the new accepted bigotry with the politicization and misappropriation of the commons on their menu.

‘Lisa’ Ganser in Hawk v. Walker courtroom, pal EV Webb in background

Courtroom Audio files/links at last of 11-30-18 Hawk v. Walker

UHS 18-254 hearing:

[Chrome browser recommended]

(Apple Formats:)

1st Portion of Thurston District Courtroom Audio Rejecting Hawk’s Claims

2nd Portion of Thurston District Courtroom Audio Further Rejecting Hawk

(Windows Formats:)

1st Portion of Thurston District Courtroom Audio Rejecting Hawk’s Claims

1st Portion of Thurston District Courtroom Audio Rejecting Hawk’s Claims

2nd Portion of Thurston District Courtroom Audio Further Rejecting Hawk

2nd Portion of Thurston District Courtroom Audio Further Rejecting Hawk

Listeners should note the judge lecturing Shawna & her acolytes TWICE in the 1st courtroom audio clip. and yet again toward the end of the 2nd beginning with the right to photograph in public spaces/venues, the right to participate in public affairs, the right to report and to publish, the prohibition against prior restraint, Shawna’s failure to state a (lawful) claim, and her abuse of process, i.e. attempting to use an improper forum to shit Dana up and have an injunction issued against him publishing about a hot topic of public interest–the misappropriation of Media Island’s house (donated for PUBLIC use!) by Shawna Hawk, her Greek Chorus, and Jimmy Mateson, the Big Spender. In fact, the judge suspended the normal rules of the court and evidence to allow Shawna as much rope to hang herself (which she did) as she liked.  It was her tour de force of incompetence, intersectionality, racism, sexism, bigotry, melodrama, violations of Dana’s civil rights, abuse of process, and a failed attempt to manipulate the court with her standard MO.  Even so, Olympia’s Food Co-0p continues to trail in Shawna’s footsteps through this swamp. The entire audio is almost 2 hours long, but well worth listening to if the politicization and misappropriation of the community commons are concerns, or the targeting and victimization of a homeless journalist for having the courage to do his job: To alert the public.

‘Lisa’ Ganser’s Take:

From POOR Magazine, Olympia WA, 11-25-18

Media Island & Shawna Hawk

Shawna Hawk is a Black Power movement builder, a Mother, a Healer and a catalyst for social change. She is creating radical intersectional community in Olympia by transforming a space that has long been a stronghold of white cis male activism – Media Island International – into a space for Women of Color to do healing, activism, art and movement building, and to lift each other up with fierceness and love.

Olympia, which is both the state capitol and a college town, is a small city of approximately 50,000 people, with over 80% of the population identifying as white. Like any white-dominated city, no matter how “liberal” or “progressive” it thinks it is, Olympia is full of unchecked racism. Media Island International (, founded in 1984, is a house and organization in downtown Olympia that hosts a meeting space, radio station, and library/archives. Their website says that Media Island is “a resource and networking center for culturally diverse people of all ages, groups and movements working for social, racial, economic, and ecological justice, sustainability and peace” (the term “racial” in that statement was only recently added by Shawna). However, despite their intention of being inclusive, their board and other long-term leadership have been almost exclusively middle-aged white straight cis-men, which has kept the energy in the building and their reputation in the community somewhat stagnant. Shawna Hawk is changing all that.

Shawna Hawk & Media Island house donated to and for the Public’s use, KOWA 106.5 fm

Shawna is a Black Woman who experienced Poverty and spent time in the foster system, and who raised three kids as a single working Mother. When her twin daughters came to Olympia to look into The Evergreen State College’s film program, Shawna followed. She had already met all of her academic goals, but she decided to get another Bachelor’s degree, post-Masters Degree, on top of two AAs and a couple other BAs, as what Shawna calls a re-fresh, a “trajectory change.” She had always been goal-driven by academics in an effort to fuel her career, but had become disillusioned.

When I saw that my Masters Degree didn’t get me beyond any of the white women that were hoarding all the power and the jobs, with lesser degrees and experience, that’s when my bubble got burst,” Shawna says. “You know, you jump through all the hoops and you see that the privilege is what wins. Not your paper. I had to just be happy with myself and be happy that, ‘Damn, I did that! I raised three kids. I did my job.’ I look back now and I’m like ‘how the hell did I do that?!’”

At Evergreen, Shawna pursued the things that called to her heart and her sense of Justice. She hosted the show Vibrational Rising at KAOS, the community radio station on campus, and was bringing groundbreaking Black artists and academics to speak and perform. At one point, about five years ago, she accompanied a guest hip hop artist to the house where he was staying, which turned out to be Media Island. She went inside and looked around. She saw that Media Island had a radio station and a social justice library. She saw that the space didn’t look very cared for, but the books looked diverse. She saw a poster with young Black girls on it. She became interested.

Not long after this introduction, Shawna was voted in as the KOWA 106.5 FM Station Manager at Media Island. Later, she was voted on to the Board of Directors, where she was the only Woman, the only Person of Color, and the only Black person. Her leadership and involvement at Media Island have blossomed over the past four years, creating the Women of Color in Leadership Movement, hosting monthly POC-only healing spaces, brunches and retreats, offering Men’s Healing Space for addressing toxic masculinity and continuing her radio show Vibrational Rising as Lady Hawk. Shawna’s work and leadership, and even her impact on the physical space of the building, is obvious. She is bringing the organization alive. But this feels threatening to white men who cling to their positions of power and stronghold over the organization. Media Island is in a unique position to actually DO what its mission has been saying for all these years. There is an opportunity to literally dismantle patriarchy and white supremacy in this one microcosm, and to femmifest, rather than manifest, the hand-me-down privilege fest.

“The house that is Media Island International was donated by one white man of privilege to another white man of privilege. So that white man got a chance to bring on his team, to do his own thing. No one was dictating to him how he had to do that. He made that decision on his own,” says Shawna Hawk.

Shawna says that white people often bring an energy that’s like “Mine!” especially as Shawna becomes more established and transforms the space at Media Island. They see what she’s done, and they want it. White men tend to hide behind self-righteousness, while white Women refuse to take direction from a Black Woman, revealing hatred and jealousy with historic roots.

“Me as an African American Woman, our people were being snatched from our homes in Africa, and brought here. Too often times being evicted from places, whether it be violently or sneakily through foreclosures or paperwork. Having our homes stolen, burnt, torched. Being a part of Media Island, and having it be in a house, where a dominant white male owns a piece of property…” Shawna explains. “Often you hear stories about all-Black towns being destroyed by neighboring white communities who were jealous of what had been built. Not because they had so much, but because they worked so hard for it! So you have Black communities with people who know how to build houses because they had to build all the houses when they were in slavery. Then you (whites) get all mad because they (Blacks) had the skills to build their own house, a better house than y’alls, cuz y’all didn’t know how to do it.”

White people of Olympia can support Shawna, and the work of Women of Color, by being consistent, by showing up when they say they’re going to, and by following through.

“We need the constant support of the majority class,” says Shawna, “and for people to put their walk and their action where their talk is. It seems like there’s some eye-opening thing happening where white folks are realizing that yes, racism exists in Olympia. Cuz for many, the focus was on the environment. You can’t do Environmental Justice without doing Racial Justice! I know not to take beautiful clear skies and crisp drinking water and think that I can be unaware… I’m on my guard no matter where I am. People are gonna be people no matter where you go.”

The fact that white people in Olympia and the United States are finally getting the message that RACISM EXISTS is something that Shawna finds hopeful. Shawna sees and feels a sense of urgency for white people to go deep with The Work, to drop that inherent sense of entitlement, and turn over power, unhoard the resources. She loves it when volunteers make themselves available to do projects, like working on the garden, painting, being a part of the change.

“Each time a person walks in and says ‘I like the feel of it in here, oh my god you’ve done such a good job’ – that feeds me! We’re repainting it right now and that feeds me, I don’t even have words for it right now. I get excited about things around the house, and I talk to the current founder who’s shared that he’s on his way out, and he’s like ‘I really don’t care.’ I guess I must care too much because I’m working here as many hours as I can, you know?”

History keeps repeating itself, and the men who are sad to lose their clubhouse are lashing out at Shawna and her leadership. However, there is an opportunity to interrupt that cycle at Media Island in Olympia, WA. This can serve as an example of Reparations, of transformative racial justice, at this one house, with this one organization and this one Black Woman. The white men at Media Island are not “letting Shawna” do this work, she IS doing it. Shawna is in Leadership and Media Island is moving out of the old regime to make way for new energy, for that of Divine Feminine, as a Trans-inclusive Women and Community space where especially Women of Color and survivors feel safe, and the divine masculine is held in balance with its counterparts. This is part of a bigger transition that the world is going through, and the pushback is growing pains.

To fuel her passion, Shawna stays grounded in the African spiritual practices of Ifa, the study of nature, meditation, dance, music, song, drumming and especially Ancestor worship and engagement with her Spirit Guides.

“African Americans who came over with the slave trade, we had to keep our practices hidden, we had everything stripped away. So we had to be really creative with our spiritual practice and rituals,” Shawna explains. “Wherever I go they go with me, wherever I go I look for my Ancestors and Spirit Guides in the trees, in the energy of the space.”  

Lisa Ganser is a self described white, Disabled, genderqueer artist and activist living in Olympia, WA on stolen Squaxin, Chehalis and Nisqually land.  They are a sidewalk chalker, a copwatcher, a Poverty Scholar and the Daughter of a Momma named Sam.


Hawk-v-Walker Hysterectomy UHS 18-254 (11-30-18)

Oympia, WA (11-30-18) — Courtroom audio in this classic case of a Black supremacist attacking a homeless white male journalist’s write to publish without prior restraint begins @ 3:30.

This video is about Hawk-v-Walker UHS 18-254 in Thurston District Court on 11-30-18. It involves Shawna Hawk, drama queen in chief, aided & abetted by Jimmy Mateson, successfully misappropriating donated assets (a downtown Olympia house adjacent to the public library given to MI for PUBLIC use) for their own unjust personal enrichment via a sham 501(c)3 non-profit corporation (Media Island).

This video contains the complete audio of the 11-30-18 trial/hearing on the matter filed by Shawna Hawk in an effort to shut Dana Walker up by attempting to manipulate the court into issuing a prior restraint against Dana’s continued publication of the Thunderbolt magazine wherein he continues to criticize their blatant sexist racism and theft of the commons by politicizing & misappropriating it.

Contemporary Social =ity: #Me2 Witch Hunt Intersectionality Point System

Censoring Meghan Murphy, Radical Feminist


Evergreen’s Educational Model (Pt.1 of Weinstein / Heying Interview)

Evaluating Evergreen (Pt.2 of Weinstein / Heying Interview)

Evergreen Madness: Why Bret Weinstein Left

“You Are NOT Oppressed” Dave Rubin Calmly Destroys a Crazed Hyper-Victim

The above videos and material illustrate the emasculating of TESC and how it has evolved from an academic institution of higher learning into a college of indoctrination through intimidation, right down to the bat wielding students and anarchists. Its demise was achieved through the politicization of and misappropriation of it, i.e. the commons. The so called SJW’s and non-playable characters consist largely of infectious hyperbolic ‘victim’ drama queens like Shawna Hawk, Lisa Ganser, and EB Webb who encourage others to drink the same Kool-Aid.

Evergreen, once a shield against ignorance has become a highway for delivering it wholesale, a torrent of indoctrination, and a dagger pointed at the heart of the community. It has served to make the pernicious contemporary organization/administration of the likes of Medias Island and the Olympia Food Co-op, once 501(c)3’s owned/dedicated to the community, cancers upon it, the very antithesis of ‘social justice’.

Anyone truly committed to fighting sexism, anarchy, racism, bigotry, and the theft of the commons will seek the removal of TESC’s president Bridges and Media Island’s Shawna Hawk by any means possible. Their harm to Olympia is not limited to MI and the Co-op, but infects the very seat of government and the courts. Their false narrative and manipulative use of ‘intersectional’ ideology has given rise to a false sense of entitlement [They like to characterize the theft as ‘reparations’.] by the very people who deserve it the least. Shawna claims to have 2 master’s degrees, though you wouldn’t know it from the strength of her writing–ALL at PUBLIC EXPENSE. Still, she wears her ‘victimhood’ like a flag.

TESC should be defunded and converted to a campus/shelter for the homeless, instead of one for maladroit intemperate dilettantes. Ever fewer are willing to attend Evergreen in any event for all the above reasons.

“Oh, thanks for the bat, dad, but I’m planning on attending TESC this spring instead of baseball camp.”

“That’s why I got it for you, son.”

The Media Island house should be returned to the public sans Shawna Hawk, the reason it was donated in the first place, not to support Shawna or playboy James Mateson. It has become an exclusive bastion for the most toxic gender benders and pernicious drama queens set on the goal of further indoctrinating children into their dysphoria via, in part, funding from Olympia’s CYS. This would provide a sinecure Shawna can continue to milk indefinitely.

The Olympia Food Co-op continues to be part of this lethal mix by bullying Dana Walker, a homeless community journalist of long standing from even selling newspapers despite his recent courtroom victory upholding his right to publish.

Some things are worth fighting for. Among them are our rights and freedoms which must routinely be exercised or we WILL lose them. Join David So Happy’s dream and take back what is rightfully the public’s: The Commons by any means necessary!


Got an itch to assault someone?  TESC’s the ticket–a thug’s paradise.

Indeed! Had the professor who authored the above video but known, she could have said the same things about Dana, Rick Fellows, Tom Nogler, Bruce Wilkinson, et ux who were so eager to elect a sexist racist virulently bigoted black Drama Queen to the Media Island board of directors. Bon Apetit mon amis!

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2 Responses to Media Island Meltdown & Abuse of Process (SLAPP)

  1. admin says:

    Federal Court Blocks Washington State’s Unconstitutional Cyberstalking Law

    from the fixing-stupid dept
    Mon, Mar 18th 2019 3:32pm — Tim Cushing
    When legislators craft unconstitutional laws, it’s a safe bet the first people to abuse them will be members of the government. We’ve seen this happen with outdated criminal defamation laws and the new wave of “Blue Lives Matter” legislation. Attempts to curb online evils like cyberbullying and revenge porn tend to disregard the First Amendment. If they’re not challenged, they go on to be tools deployed by government officials to silence critics.

    That’s what happened in the state of Washington. A vociferous government critic found himself targeted by a displeased politician who used the state’s cyberstalking law to obtain a very restrictive protective order to silence his online nemesis. As the federal court notes in its decision [PDF], the speech the critic engaged in is the very reason for the First Amendment’s existence. (via Courthouse News)

    Rynearson is an online author and activist who regularly writes online posts and comments to the public related to civil liberties, including about police abuse and the expansion of executive power in the wake of September 11. Rynearson’s writings are often critical—and sometimes harshly so—of local public figures and government officials. These writings are well within the traditions of independent American political discourse, and are intended both to raise the awareness of other citizens regarding the civil-liberties issues that Rynearson writes about, and to hold civic and political leaders accountable to the community through pointed criticism. This sort of expression is at the very heart of political speech which the First Amendment most strongly protects.

    Rynearson’s online posts were highly critical of politicians he felt didn’t condemn the indefinite imprisonment of foreigners, something authorized by the NDAA (National Defense Authorization Act). One politician he felt was too enthralled with indefinite detention was Clarence Moriwaki.

    [I]n February 2017, Rynearson wrote a series of public posts on Facebook criticizing Clarence Moriwaki, the founder of the Bainbridge Island Japanese-American Exclusion Memorial (“Memorial”), for failing to criticize Governor Inslee and President Obama for voting for/signing the NDAA. The thrust of Rynearson’s posts was that Moriwaki should be removed from his role as board member and de facto spokesperson for the Memorial because Moriwaki used the lessons of the internment, and his role with the Memorial, to criticize Republican politicians (chiefly, President Trump) in many media articles or appearances related to the Memorial, but failed to criticize Democratic politicians.

    As the court notes, Rynearson used “invective” and “ridicule” to make his points. Moriwaki reported this ridicule (which, as the court points out, did not contain obscenity or threats) to local law enforcement. This did not result in an arrest, but Rynearson received a letter from the prosecutor notifying him she would “revisit” the possibility of prosecuting him if he didn’t shut the hell up.

    This also resulted in Moriwaki obtaining a protective order against Rynearson — one that decided the First Amendment simply didn’t exist.

    For a period of time, from March 2017 to January 2018, Rynearson was also subject to a civil protection order imposed by the Bainbridge Island Municipal Court based on posts critical of Moriwaki. Moriwaki v. Rynearson, No. 17-2-01463-1, 2018 WL 733811, at *12 (Wash. Sup. Ct. Jan. 10, 2018). The cyberstalking statute was one of the statutes invoked by the Municipal Court in imposing the protection order. Moriwaki, 2018 WL 733811, at *5. The order imposed sharp limits on Rynearson’s speech, such as barring the use of Moriwaki’s name in the titles or domain names of webpages.

    This order was vacated by the same court after Rynearson’s Constitutional challenge. Now, Rynearson is challenging the law itself, pointing out (very reasonably) that the law’s unconstitutional restrictions could see him on the receiving end of future protective orders or criminal charges.

    The federal court says Washington’s law is unconstitutionally overbroad, threatening a whole lot of protected speech.

    Section 9.61.260(1)(b)’s breadth—by the plain meaning of its words—includes protected speech that is not exempted from protection by any of the recognized areas just described. Section 9.61.260(1)(b) criminalizes a large range of non-obscene, non-threatening speech, based only on (1) purportedly bad intent and (2) repetition or anonymity.

    The state couldn’t come up with much to defend its bad law — just a couple of unpublished opinions that don’t say quite what the state imagines they say. The federal court offers its rebuttal, which only cites the highest court in the land.

    [T]he Supreme Court has consistently classified emotionally distressing or outrageous speech as protected, especially where that speech touches on matters of political, religious or public concern. This is because “in public debate our own citizens must tolerate insulting, and even outrageous, speech in order to provide ‘adequate breathing space’ to the freedoms protected by the First Amendment.”

    With that, the federal court declares the law unconstitutional, handing Rynearson an injunction preventing the state of Washington from using the law against him.

    Based on the record before the Court it is highly likely that in the final analysis the Court will declare the provision is unconstitutional and therefore unenforceable. Anonymous speech uttered or typed with the intent to embarrass a person as here, is protected speech. The plain meaning of the italicized words render 9.61.260(1)(b) unconstitutional.

    For the reasons given here, this Court concludes that RCW 9.61.260(1)(b) is facially unconstitutional.

    The law is effectively dead. The only thing surprising about this is that the law has survived so long without being struck down. For 15 years, it’s been illegal to “embarrass” people online. It took a politician abusing the law to silence a critic to finally get it struck down.

    Case 3:17-cv-05531-RBL Document 62 Filed 2-22-19 (12 pages)

    US District Court, Western Dist of WA @ Tacoma . #:C17-5531RBL


    Richard L. Rynearson, III (Plaintiff),
    Robert Ferguson, Atty General of WA State, and
    Tina R. Robinson, prosecuting atty for Kitsap County, WA

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