CIVIL CLAIM IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND



 1.  Parties to this complaint

Cindy Walsh vs WMAR TV

 

Cindy Walsh
2522 N Calvert Street                                   Civil Action # _________________
Baltimore, Maryland 21218

Plaintiff

 

                   VS.

 

WMAR TV

Kelly Groft --- News Director
6400 York Rd
Baltimore, MD 21212-2117

Defendant

 

 

2.  Jurisdiction

Cindy Walsh for Governor of Maryland is filing in United States District Court for Maryland in Baltimore because plaintiff is a resident of Baltimore and the election irregularities identified in the Federal Court case include businesses located and operating in Baltimore.  The plaintiff claims WMAR TV failed to abide by election law.  Violations include FCC and IRS laws protecting elections.




U.S. Code › Title 28 › Part IV › Chapter 85 › § 1343 28 U.S. Code § 1343 - Civil rights and elective franchise

t (a) The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person: (1) To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section 1985 of Title 42; (2) To recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in section 1985 of Title 42 which he had knowledge were about to occur and power to prevent; (3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States; (4) To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote.  

3.  Statement of Facts and Claims

 

WMAR TV is a regional news organization for Baltimore and surrounding counties.  Its content covers news relevant all citizens of Baltimore the majority of which are workings class and poor.  It is fair to say this same population represents the bulk of its viewership.  It is no coincidence that Cindy Walsh for Governor of Maryland’s platform directed at the middle/working class and poor would be excluded by this same WMAR TV.  My platform is what most of WMAR TV viewership would want to see and yet I was completely excluded with malice and my platform never reached said viewership.  Baltimore has approximately 350,000 registered democrats most of whom are working class and poor so the exclusion of Cindy Walsh from this media market had a direct effect on the results of this race for governor.  Indeed, WMAR TV knew the election results would have changed if a candidate prioritizing civil rights and liberties, public and labor justice were allowed media exposure.  FCC does not require a media outlet to give equal time to all candidates, but it does require that a platform not be excluded and that citizens be educated to the issues and candidates in an election race.  WMAR TV willfully and deliberately excluded my campaign and platform and in so doing damaged me and the citizens tasked with casting an intelligent vote.  Cindy Walsh claims that WMAR TV violated False Statements laws by altering a government document-----The Maryland Board of Elections Governor's Race List of candidates and in so doing defamed the plaintiff by denying her status as a viable candidate. 

 
Cindy Walsh claims WMAR TV violated the following:

18 U.S. Code § 1001  (a) (2) (3);Title 47 Section 312 [47 U.S.C. §312] (a) (7) (f) (1) (2); Section 315 [47 U.S.C. §315] (a) (1) (2) (3)  (4) . 

While the irregularities occurred constantly throughout the primary election for Governor of Maryland, I will provide two specific incidences by place, date, and time:  WMAR TV 6400 York Rd Baltimore, MD 21212-2117;
11:48 AM, May 27, 2014; 

 

·         18 U.S. Code § 1001  (a) (2) (3) False statements of fact

 

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;

shall be fined under this title, imprisoned not more than 5 years

 

·         Defamation per se

 

·         The following FCC regulated laws were violated:

Federal Communications Commission Rules (Title 47 Code of Federal Regulations)
Statutes and Rules on Candidate Appearances & Advertising

Section 312 [47 U.S.C. §312] (a) (7) (f) (1) (2)

(a)    The Commission may revoke any station license or construction permit –

(7)    for willful or repeated failure to allow reasonable access to or to permit purchase of reasonable amounts of time for the use of a broadcasting station, other than a non-commercial educational broadcast station, by a legally qualified candidate for Federal elective office on behalf of his candidacy.

(f)     For purposes of this section:

(1)    The term “willful”, when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act or by a treaty ratified by the United States.

(2)    The term “repeated”, when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.

Section 315 [47 U.S.C. §315] (a) (1) (2) (3)  (4)

(a)    If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station: Provided, That such licensee shall have no power of censorship over the material broadcast under the provision of this section.  No obligation is hereby imposed under this subsection upon any licensee to allow the use of its station by any such candidate.  Appearance by a legally qualified candidate on any –

(1)    bona fide newscast,

(2)    bona fide news interview,

(3)    bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary), or

(4)    on-the-spot coverage of bona fide news events (including but not limited to political conventions and activities incidental thereto), shall not be deemed to be use of a broadcasting station within the meaning of this subsection.  Nothing in the foregoing sentence shall be construed as relieving broadcasters, in connection with the presentation of newscasts, news interviews, news documentaries, and on-the-spot coverage of news events, from the obligation imposed upon them under this Act to operate in the public interest and to afford reasonable opportunity for the discussion of conflicting views of issues of public importance.

 

4.  Demand for relief

Violations of FCC laws were willful and deliberate and occurred over an extended time with dozens of incidents.  The plaintiff communicated the fact that damage was being done and described the consequences of the damage with total disregard by WMAR TV showing extreme malice. These violations can cause the FCC to suspend license.  I request that WMAR TV be required to provide a weekly half hour prime time program for Cindy Walsh that allows for airing of public policy supported by her platform for a period of 5 years.  I request that WMAR TV be placed on court supervised probation for several election cycles until these identified election irregularities are eliminated.

Violations of FCC law ----Any person who willfully and knowingly does or causes or suffers to be done any act, matter or thing prohibited or declared to be unlawful or who willfully and knowingly omits or fails to do any act, matter or thing required to be done, or willfully and knowingly causes or suffers such omission or failure, shall, upon conviction thereof, be punished for such offense for which no penalty (other than the forfeiture as provided in the Act), by fine of not more than $10,000.00 or by imprisonment for a term not exceeding one year or both.

 

Amount of relief:

Violations of False Statement and defamation in Federal/Maryland Court - $2 million, the sum WMAR TV sought to deny Cindy Walsh with loss of election and her securing of employment as Governor of Maryland.  Wages and benefits from a 4 year term as governor would reach $2 million.

 

Violations of Defamation with punitive damages should send a message that these irregularities not happen again.  The costs to Cindy Walsh in conducting a campaign for Governor of Maryland plus 10 times the actual damage suffered requires $500,000 in punitive damage from deliberate, willful acts against the plaintiff done with malice.

 

 

 

WMAR TV

Search Result for "Cindy Walsh" Sort by:

  • All Results
  • Stories
  • Images
  • Videos
Refine Search ▼ ▲

No matched search result

*********************************

Democracy 2014: Gubernatorial candidates Del. Heather Mizeur (D), Jaffe (D), Smith (D), Gansler(D)

WMAR Staff 11:48 AM, May 27, 2014

12:17 PM, May 27, 2014

 
 Democratic candidates for Maryland governor debate in College Park

 

ABC2 News | WMAR-TV Baltimore

Published on May 7, 2014

Democratic candidates for Maryland governor debate in College Park

****************************************


 WMAR TV Maryland Democratic gubernatorial debates Democratic candidates for governor Lt. Gov. Anthony Brown, Attorney General Doug Gansler and Del. Heather Mizeur square off. May 7 at 5:10 PM

Poll: Before the debate, who is your pick to the win the Democratic primary?

Lt. Gov. Anthony Brown

Attorney General Doug Gansler

Del. Heather Mizeur

Don't care
**************************************************

Below you see WMAR TV showing images of Brown, Gansler, and Mizeur with claims from a poll that had Brown winning by a landslide.  Everyone knows that ‘likely’ voters is not  randomized polling and they know that with elections in Maryland historically having 20% voter turnout or less that ‘likely’ voters mean nothing as to which platform people support.  The citizens of Maryland decide which platform wins or loses when they go to the poll.  Media has an obligation to make sure citizens know the issues and platforms and are aware of all candidates in a race.  As we saw with the actual turnout at the polls----none of this election coverage was accurate.  The polls never included Cindy Walsh for Governor of Maryland from the start.  Censuring a candidate’s campaign from all election venues damages that candidate’s name recognition and the voter’s knowledge of platform as everyone knew.  At every turn WMAR TV promoted the same candidates knowing they did not have strong public support.  Again, all Republicans in the governor’s primary race are mentioned each time the race is described.  Never with the Democratic governor’s primary race.   


Poll: Brown holds commanding lead in race for Maryland
'WMAR Staff 2:08 PM, Jun 11, 2014

 


This  WMAR TV article shows images of Brown, Gansler, and Mizeur with claims from a poll that had Brown winning by a landslide.  Everyone knows that ‘likely voters' is not  randomized polling and they know that with elections in Maryland historically having 20% voter turnout or less that ‘likely’ voters mean nothing as to which platform people support. Add to that ever higher margins of error and these media outlets knew they were gaming the election system. The citizens of Maryland decide which platform wins or loses when they go to the poll.  Media has an obligation to make sure citizens know the issues and platforms and are aware of all candidates in a race.  As we saw with the actual turnout at the polls----none of this election coverage was accurate and media knew it when they reported this.  The polls never included Cindy Walsh for Governor of Maryland from the start.  Censuring a candidate’s campaign from all election venues damages that candidate’s name recognition and the voter’s knowledge of platform as everyone knew.  At every turn WMAR TV promoted the same candidates knowing they did not have strong public support.  Again, all Republicans in the governor’s primary race are mentioned each time the race is described.  Never with the Democratic governor’s primary race.  It took raising the margin of error for Republicans to 11% to add enough percentage to make them look as if they were polling.  Lollar raised almost no money and didn't poll at all in the St Mary's poll  early on and garnered 3% of registered Republican voters.  Ganlser and Mizeur garnered 5% of registered Democratic voters and Brown 12%.  All the hype in the media and excuses for excluding Cindy Walsh from election coverage was proven bogus. 


Poll: Brown holds commanding lead in race for Maryland's governor

WMAR Staff 2:08 PM, Jun 11, 2014

 



With less than two weeks to go before the primary in Maryland's governor's race, new numbers suggest the race isn't very close.

A Washington Post poll shows Lt. Gov. Anthony Brown has a commanding lead over his Democratic rivals for governor. But nearly half of likely voters say they could still change their minds.

The poll found little evidence attacks on Brown for his handling of the health care rollout damaged his chances.

Here's how the numbers break down: the poll shows 46 percent of likely Democratic voters in Maryland picking Brown. After him, 23 percent back current Attorney General Doug Gansler  while 16 percent back state Del. Heather Mizeur.

On the Republican side, Anne Arundel County businessman Larry Hogan , a former cabinet member for Gov. Robert L. Ehrlich, leads.

The poll shows Hogan has the support of 35 percent of likely voters. He is followed by Harford County Executive David Craig at 19 percent and Charles County businessman Charles Lollar with 13 percent.

In a hypothetical match-up between “any” Democrat and “any” Republican, the poll shows the Democrat leads the governor's race 51 percent to 33 percent.








With less than two weeks to go before the primary in Maryland's governor's race, new numbers suggest the race isn't very close.

A Washington Post poll shows Lt. Gov. Anthony Brown has a commanding lead over his Democratic rivals for governor. But nearly half of likely voters say they could still change their minds.

The poll found little evidence attacks on Brown for his handling of the health care rollout damaged his chances.

Here's how the numbers break down: the poll shows 46 percent of likely Democratic voters in Maryland picking Brown. After him, 23 percent back current Attorney General Doug Gansler  while 16 percent back state Del. Heather Mizeur.

On the Republican side, Anne Arundel County businessman Larry Hogan , a former cabinet member for Gov. Robert L. Ehrlich, leads.

The poll shows Hogan has the support of 35 percent of likely voters. He is followed by Harford County Executive David Craig at 19 percent and Charles County businessman Charles Lollar with 13 percent.

In a hypothetical match-up between “any” Democrat and “any” Republican, the poll shows the Democrat leads the governor's race 51 percent to 33 percent.




Maryland Democratic gubernatorial primary candidates to debate at University of Maryland on Wednesday
By The Associated Press May 7, 2014 - 07:34 am WJLA ABC 7 News DC
ANNAPOLIS, Md. (AP) - Candidates in Maryland's Democratic primary are scheduled to debate at the University of Maryland.

The debate Wednesday evening in College Park at the Clarice Smith Performing Arts Center.

Lt. Gov. Anthony Brown, Attorney General Doug Gansler and Del. Heather Mizeur are scheduled to participate.

The debate will focus on the state's economy. It's expected to include discussion about job creation, education and transportation and transit challenges facing the state.

Maryland's primary is June 24.





LICENSED
View License Authorization License Expires:10/01/2012Status Date:06/16/2009Facility Id:59442Community of License:BALTIMORE, MDService:Digital TVFacility Type:Commercial Television Station [CDT]Licensee:SCRIPPS MEDIA, INC.Licensee Address:312 WALNUT STRET
28TH FLOOR
CINCINNATI, OH 45202 4067
5139773000 [phone]Main Studio Address: 6400 York Road
Baltimore,MD 21212
4103772222