People Against Transmission Hell-Lines, LLC and its trade name PATHLLC is a West Virginia Limited Liability Company. We have registered with the West Virginia Secretary of State, Tax Department, and Unemployment Compensation Department under business class codes 5141 and 51491 which are designated as "Information Services and "On Line Information Services."
As a company providing public information under these business codes, we exercise our right and protection under case law "New York Times v Sullivan" - constitutional protection of freedom of expression on the basis that it promotes uninhibted and robust discussion of public matters.
Defamation tort: In order to be categorized as defamation - the defendant must publish material that identifies the plaintiff AND which injures the plaintiffs reputation BY false statements or unprivileged information. PATHLLC has provided the content within all PATHLLC websites from published peer review literature, government websites, or information fully disclosed in areas of public domain. Nothing has been stated with malice or with intent to harm or injure any persons reputation. PATHLLC additionally exercises the right to make "statements of fact" or "statements in the form of opinion" to the extent that it does not imply allegation of undisclosed defamatory facts as the basis for the opinion. Information has not been published "recklessly of its truth and falsity."
As a company providing public information under these business codes, we exercise our right and protection under case law "New York Times v Sullivan" - constitutional protection of freedom of expression on the basis that it promotes uninhibted and robust discussion of public matters.
Defamation tort: In order to be categorized as defamation - the defendant must publish material that identifies the plaintiff AND which injures the plaintiffs reputation BY false statements or unprivileged information. PATHLLC has provided the content within all PATHLLC websites from published peer review literature, government websites, or information fully disclosed in areas of public domain. Nothing has been stated with malice or with intent to harm or injure any persons reputation. PATHLLC additionally exercises the right to make "statements of fact" or "statements in the form of opinion" to the extent that it does not imply allegation of undisclosed defamatory facts as the basis for the opinion. Information has not been published "recklessly of its truth and falsity."
It has not been the intention for PATHLLC to publish or convey information that could be categorized as "common law malice - ill will or fraud or reckless indifference to consequences."
PATHLLC exercises its right to publish our letter to Governor Manchin on our www.PATHLLC.org website citing protection under "The New York Times Test" - one who defames a public official in the performance of his or her official duties would be liable only if the publication was made with "actual malice" which is defined as - either knowledge of the falsity of the publication or "reckless disregard" of whether it is false or not. PATHLLC has provided only "statements of opinion" (not subject to suits for defamation) and information available on Governor Manchin's website or in other areas of public domain. To its knowledge, PATHLLC has not participated in "false light" tort or fictionalization, or intentional infliction of emotional distress. PATHLLC has not published information categorized under seditious libel.
PATHLLC as a public information service provider - cites protection under the 1st Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise therof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and to petition the government for a redress of grievances.
Freedom of the Press - the press (PATHLLC) provides a service by disseminating information to the public as it pertains to Mountain Top Removal, Coal Mining Emissions, and the Potomac Appalachian Transmission Highline (PATH). This dissemination role, by informing the public, thereby checks the government and government proceedings. (see The Origins of the Press Clause by David A. Anderson). PATHLLC has not intended to incite hostile audiences or to publish or participate in defamatory speech (content based distintinction) and strives to continuously publish information of the content-neutral distinction. In no event shall PATHLLC be liable for any damages of any kind, including, but not limited to, direct, indirect, general, special, incidental or consequential damages arising out of any use of the information contained herein.
PATHLLC exercises its right to publish our letter to Governor Manchin on our www.PATHLLC.org website citing protection under "The New York Times Test" - one who defames a public official in the performance of his or her official duties would be liable only if the publication was made with "actual malice" which is defined as - either knowledge of the falsity of the publication or "reckless disregard" of whether it is false or not. PATHLLC has provided only "statements of opinion" (not subject to suits for defamation) and information available on Governor Manchin's website or in other areas of public domain. To its knowledge, PATHLLC has not participated in "false light" tort or fictionalization, or intentional infliction of emotional distress. PATHLLC has not published information categorized under seditious libel.
PATHLLC as a public information service provider - cites protection under the 1st Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise therof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and to petition the government for a redress of grievances.
Freedom of the Press - the press (PATHLLC) provides a service by disseminating information to the public as it pertains to Mountain Top Removal, Coal Mining Emissions, and the Potomac Appalachian Transmission Highline (PATH). This dissemination role, by informing the public, thereby checks the government and government proceedings. (see The Origins of the Press Clause by David A. Anderson). PATHLLC has not intended to incite hostile audiences or to publish or participate in defamatory speech (content based distintinction) and strives to continuously publish information of the content-neutral distinction. In no event shall PATHLLC be liable for any damages of any kind, including, but not limited to, direct, indirect, general, special, incidental or consequential damages arising out of any use of the information contained herein.
This Web site has been compiled, and is maintained by People Against Transmission Hell-Lines, LLC (PATHLLC). We strive to ensure that the information contained in this Web site is complete, accurate and reliable, however, errors or omissions may sometimes occur or content may become out of date. We may also from time to time revise, supplement or delete the information, services and/or the resources contained in this Web site and reserve the right to make such changes without prior notification to past, current or prospective visitors.
We expressly disclaim any obligation to correct or update information posted on this Web site or any warranty of any kind, whether express or implied, as to any information or other matters whatsoever arising from or relating to this Web site. Entities accessing this Web site and relying on the information contained herein do so at their own risk. In no event shall we be liable for any damages of any kind, including, but not limited to, direct, indirect, general, special, incidental or consequential damages arising out of any use of the information contained herein.
Additionally, from time to time People Against Transmission Hell-Lines LLC may post information and/or data received from third parties to the Web site. We make no representations or warranties regarding the content or accuracy of any such information and /or data, and in no event shall we be liable for any damages of any kind, including, but not limited to, direct, indirect, general, special, incidental or consequential damages arising out of such third party information or data. Moreover any opinions or positions contained in such postings are those of the author, and may not represent the opinions or positions of People Against Transmission Hell-Lines, LLC. People Against Transmission Hell-Lines, LLC reserves the right to post opinions or facts on all of their websites. While we use research backed by fact, the opinions posted by People Against Transmission Hell-Lines, LLC may not reflect the opinions of our 3rd party contributors.
Access to this Web site does not confer any license or ownership interest in either the form or content of the Web site, including any confidential or proprietary information or intellectual property of any kind or nature, and we hereby expressly reserve such rights and property in its entirety. Any and all inquiries regarding this disclaimer should be addressed to:
Rachelle Channell, Organizer
B.S. Psychology, MPH (Master of Public Health)
People Against Transmission Hell-Lines LLC (PATHLLC)
www.PATHLLC.org
email contact: InfoPATHWV@gmail.com
We expressly disclaim any obligation to correct or update information posted on this Web site or any warranty of any kind, whether express or implied, as to any information or other matters whatsoever arising from or relating to this Web site. Entities accessing this Web site and relying on the information contained herein do so at their own risk. In no event shall we be liable for any damages of any kind, including, but not limited to, direct, indirect, general, special, incidental or consequential damages arising out of any use of the information contained herein.
Additionally, from time to time People Against Transmission Hell-Lines LLC may post information and/or data received from third parties to the Web site. We make no representations or warranties regarding the content or accuracy of any such information and /or data, and in no event shall we be liable for any damages of any kind, including, but not limited to, direct, indirect, general, special, incidental or consequential damages arising out of such third party information or data. Moreover any opinions or positions contained in such postings are those of the author, and may not represent the opinions or positions of People Against Transmission Hell-Lines, LLC. People Against Transmission Hell-Lines, LLC reserves the right to post opinions or facts on all of their websites. While we use research backed by fact, the opinions posted by People Against Transmission Hell-Lines, LLC may not reflect the opinions of our 3rd party contributors.
Access to this Web site does not confer any license or ownership interest in either the form or content of the Web site, including any confidential or proprietary information or intellectual property of any kind or nature, and we hereby expressly reserve such rights and property in its entirety. Any and all inquiries regarding this disclaimer should be addressed to:
Rachelle Channell, Organizer
B.S. Psychology, MPH (Master of Public Health)
People Against Transmission Hell-Lines LLC (PATHLLC)
www.PATHLLC.org
email contact: InfoPATHWV@gmail.com