Team Kimberlin Post of the Day

The Cabin Boy™ was full of threats and bluster yesterday. He sent me this email—

There’s so much craziness … where to begin?

The first thing that stuck me was the utter hypocrisy shown in the email. Pingbacks are not contact, but auto-generated notices of comments are. And how would the Cabin Boy™ square his previous defense of Roger Shuler with the positions he takes in this email?

Of course, his understanding of the law of defamation is utterly faulty. Under Maryland law, there can be no recovery for defamation unless the plaintiff can prove that the allegedly defamatory statement was false. A defendant has no obligation to prove that what he said was true. The Cabin Boy’s™ provably true riff has no basis in law. Indeed, it is provably false itself.

Furthermore, it makes no difference whether the Cabin Boy™ is a private person or not. In Maryland, every defamation plaintiff is held to the New York Times v. Sullivan standard of proving legal malice. Bill Schmalfeldt would to read Telnikoff v. Matusevitch, 702 A. 2d 230, 347 Md. 561 (1997) and the cases it cites before he runs off at the keyboard again.

Also, under 47 U.S.C. § 230, Hogewash! is an internet service provider because of the interactive nature of the comment system. I’ll let The Dreadful Pro-Se Schmalfeldt try to find the case law on that himself. (Hint: One such case is a Maryland Court of Appeals case that Team Kimberlin has relied on in the past.)

Meanwhile, because of the threats he has made to persons who reply to the comments he makes on blogs, I would wield the ban hammer on him if the Cabin Boy™ had not already been told to cease communicating with me, including comments to this blog.

Oh, one more thing … The Cabin Boy™ should also review Lawrence v. AS Abell Co.,
475 A. 2d 448, 299 Md. 697 (1984) before making any further threats about use of his likeness.

As I Was Saying Before I Was Interrupted …

I received this email from Twitter today.Twitter201507061813ZPreparationH96ctThe Gentle Reader may remember how The Dread Pro-Se Kimberlin and his buddies made much of the suspension of that account. It now appears that Twitter has come to the same conclusion as the Circuit Court for Montgomery County and the Montgomery County State’s Attorney’s Office concerning the truth of Kimberlin’s claims of harassment.

I’m sure this will come as a disappointment to TDPK and his fans. I can offer this deal from Amazon to help soothe their pain.

The Culture War

Benjamin Domenech and Robert Tracinski have a post over at The Federalist reviewing the history of America’s culture war over the past few decades and speculating on its future.

If history repeats itself, it is good news for traditional Americans and bad news for the Left, which has taken on the role of Grand Inquisitor so rapidly that overnight civil liberties have become a Republican issue. Slowly but surely, the American Right is adopting the role of the cultural insurgent standing up for the freedom of the little guy. They crowdfund the pizza shop, baker, and photographer; they rebel against the establishment in the gaming media and at sci-fi conventions; they buy their chicken sandwiches in droves. The latest acronym that came out of the Sad Puppies movement says it all. They describe their opponents as CHORFs: cliquish, holier-than-thou, obnoxious, reactionary, fascists. This is their description of the cultural Left.

Hogewash! has been engaged in a few of the minor skirmishes of the Culture War. I’m thankful for the support I’ve been receiving. Meanwhile, the Domenech and Tracinski piece helps put things in perspective. Read the whole thing.

Thanks for the Links

A significant number of page views here at Hogewash! come from outside links. I’d like to thank those sites that have sent viewers this way during the past week. In addition to hits from search engines, Twitter, LinkedIn, and Facebook, Hogewash! has had visitors linked from:

Allergic to Bull
Saber Point
Thinking Man’s Zombie
The Camp of the Saints
Helm’s Deep
Patterico’s Pontifications
Evi L Bloggerlady
Erie Looking Productions
The Other McCain
Batshit Crazy News
Bob’s Blog

Thanks, fellow bloggers, for those links, and thank you to everyone who clicked on them.


BlognetTitleCardMUSIC: Theme. Intro and fade under.

NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. A pair of bloggers have been charged with online harassment of a minor child. Your job … get the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual case. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end, from crime to punishment, Blognet is the story of the good guys in action.

MUSIC: Up and out. Continue reading




ANNOUNCER: (VOICE OVER MUSIC) Around Twitter Town and in the territory of the net—there’s just one way to handle the harassers and the stalkers—and that’s with an Internet Sheriff and the smell of “BLOGSMOKE”!


ANNOUNCER: “BLOGSMOKE” starring W. J. J. Hoge. The story of the trolling that moved into the young Internet—and the story of a man who moved against it. (MUSIC: OUT)

JOHN: I’m that man, John Hoge, Internet Sheriff—the first man they look for and the last they want to meet. It’s a chancy job—and it makes a man watchful … and a little lonely.



The Schmalfeldt v. Hoge, et al. LOLsuit has been dismissed by the Circuit Court for Howard County.Qapla20150624

More later.

UPDATE—I haven’t received a copy of the order yet, but it appears that the entire case has been dismissed. That would be in line with a finding of improper venue for me. Venue would have been proper in Howard County if the court had jurisdiction over the other defendants, so for venue to be improper the suit would have to have been dismissed for them as well.