Oregon’s Two-Pronged Attack on the First Amendment

Oregon Labor Commissioner Brad Avakian ruled this week that Aaron and Melissa Klein, the bakers who refused to make a cake for a same-sex wedding, must pay $135,000 in emotional damages to the lesbian couple they denied service. The ruling is also an effective gag order on the Kleins, ordering them to “cease and desist” from speaking publicly about not wanting to bake cakes for same-sex weddings based on their Christian beliefs. More here.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; 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.

Perhaps Oregon has not yet heard the the Fourteenth Amendment binds the First on the states.

Team Kimberlin Post of the Day

One of the Gentle Readers suggested that I do a Top 10 list of the biggest mistakes Team Kimberlin have made in their lawfare. That sounded like a good idea, so unless something big happens over the next two days, we’ll be looking at The Dread Pro-Se Kimberlin’s and The Dreadful Pro-Se Schmalfeldt’s biggest goofs to date.

10. Brett Kimberlin Sues Seth Allen
9. Brett Kimberlin Petitions for a Protective Order Against His Wife
8. Kimberlin Seeks a Peace Order Against John Norton
7. Schmalfeldt Seeks a Peace Order Against Patrick Grady
6. Kimberlin Files Kimberlin v. The Universe, et al. RICO Madness
5. Kimberlin Files Kimberlin v. Walker
4. Schmalfeldt Sues Me in State Court
3. Kimberlin Uses JTMP Funds to Pay a Fee in Kimberlin v. The Universe, et al.

2. Kimberlin Obtains an Unconstitutional Gag Order Against Aaron Walker 25 May, 2012, was Everyone Blog About Brett Kimberlin Day. On the 29th, there was a final hearing for the second peace order The Dread Pro-Se Kimberlin sought against Aaron Walker. At the hearing, two things happened. First, the judge specifically ignored Supreme Court precedent by name (“Forget Brandenburg. Let’s go with Vaughey.”), found that Aaron’s peaceful writing about TDPK was harassment, and issued a peace order that unconstitutionally prohibited Aaron from speaking or writing about Kimberlin. Second, Aaron was arrested at the end of the hearing for allegedly violating the temporary peace order. The charging document alleged that third parties writing about Kimberlin constituted harassment by Aaron.

The Blogosphere was not amused, and the Streisand Effect began to blossom.

The unconstitutional gag order was struck down in a few weeks, and the peace order quashed on appeal, but the avalanche has begun.

In Four Freedoms Park

Olivia Nuzzzi has a piece over at The Daily Beast about Hillary Clinton’s opening campaign event: Welcome to Hillary Island, a Pleasant Little Police State. This paragraph struck me.

Here would be Hillary Island—formerly Roosevelt Island—a strip of land located in the middle of the East River between Manhattan and Queens that some 10,000 New Yorkers call home. More specifically, here is Four Freedoms Park—a grassy island enclave named for the Four Freedoms FDR spelled out in his 1941 State of the Union speech: Freedom of speech, of worship, from want, and from fear—where the Clinton team has assembled a red and blue stage, in the shape of an H, for her to pace on as she delivers her first major campaign speech.

Read the whole thing. That captures a bit of the Orwellian nature of so much of the Left’s politics these days.

Freedom of speech? The Left now wants to partially repeal the First Amendment in order to correct the Supreme Court’s Citizens United ruling. (I probably I should have included a trigger warning for some Progressives.)

Freedom of worship? Ask the Little Sisters of the Poor about that. Or a former pizza shop owner. For many, worship extends beyond a meeting house and throughout their lives.

Freedom from want? Ask one of the structurally unemployed who can’t find a place in a stagnant economy.

Freedom from fear? Ask that question tonight in one of several Baltimore neighborhoods—if you’re not afraid to go.

BTW, those first two freedoms are about what the government isn’t supposed to be able to take from us. The second pair are gimmes Progressives imagine government can provide. There’s much to be said about the differences between them. The comments are open. Discuss among yourselves.


Given Bunny Boy’s recent attempt a concern trolling here at Hogewash!, it seemed like a good idea to recycle this episode …BlogsmokeSOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICHOCHET


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.


JOHN: Folks often ask me how I got to be Internet Sheriff here in Twitter Town. I ran unopposed after being nominated by Bunny Boy, the editor of a minor website. Back in November of last year, Bunny Boy wrote what he thought was a satirical piece about my efforts to enforce a peace order against a cyberthug. As usual, he got many of his facts wrong.

However, he did note that, given the then current rate of violations of the peace order, it was likely that there would have been thousands of counts standing against the violator by the time his case got to court in early 2014. He wondered, “The District Attorney and Circuit Court clerk probably do not enjoy this prospect. Will Sheriff Hoge wear out his welcome with the townsfolk and be named a vexatious litigant? Will he get called out for playing fast and loose with the rules of the court?”

Those questions deserve an answer.

Did I wear out my welcome? It doesn’t seem likely. Since Bunny Boy wrote his article, Hogewash! has had about 1.3 million page views, and the current traffic is running at a rate greater than 3 times last year’s.

Did I get named a vexatious litigant? Nope. In fact, the follow on civil matter, the extension to the peace order, was granted, and when the cyberthug tried to run an accuse-the-accuser play and charge me with perjury, his allegations were found to be without probable cause.

Did I get called out for playing fast and loose with the rules of the court? Nope. Actually, that’s what happened to the Bunny Boy’s boss.

JUDGE 1: Did you alter the return receipts between docket entry 38 and 50-whatever; did you change them? This is about the exact same brief green card being filed—the support motions you filed, the different docket entries, one showing the restricted delivery box checked and one not.

THE BOMBER: Your Honor, like I said, I asked the Post Office to send it restricted delivery.

JUDGE 1: You’re not answering my question.

THE BOMBER: Yes, I changed—

JUDGE 1: Did you change it?

THE BOMBER: Yes, I did.

JUDGE 1: And then you filed it representing that it accurately reflected the green card that had been filed out.

THE BOMBER: No, no, no, I filed it and accurately said‚it accurately reflected what I told the Post Office to do, and that’s what it is. You know, like I said, I’m a pro se litigant and—

JUDGE 1: Don’t even use that with me.

ANNOUNCER: Here in Westminster, we’re having those pleasant summer evenings when it’s nice to sit on the porch and sip a cold drink while listening to crickets and watching the lightning bugs. I’ve been sipping mine from one of the new Collateral Estoppel tea tumbler. It keeps my iced tea cool in the summer, and it will keep my tea hot this winter. It’s just one of the goodies exclusively available for you to spend your hard-earned cash on at The Hogewash Store. Stop by today, and spend some cash to support Team Lickspittle. You can also show your support by hitting the Tip Jar or buy doing your Amazon shopping via the link on the Home page.

And now back to our story.


JOHN: That’s not the only time that Bunny Boy’s boss has had a hard time with a judge. The Bomber is suing a couple of dozen defendants, including me, in federal court, claiming that we’re a racketeering organization formed for the purpose of defaming him. He asked the court for permission to file a preliminary injunction against several of the defendants, again including me. Then he asked for an extension of time to file the motion for the injunction so he could go on vacation.

JUDGE 2: The purpose of a preliminary injunction is to protect the status quo and to prevent irreparable harm during the pendency of a lawsuit ultimately to preserve the court’s ability to render a meaningful judgment on the merits. A preliminary injunction is either needed or it is not. If a preliminary injunction is needed, as Plaintiff contends, it ought to be pursued with the degree of diligence and urgency for which it was intended to serve i.e. the prevention of irreparable harm. Because Plaintiff’s proposed “wait-and-see” approach is antithetical to that purpose, the Court denies Plaintiff’s Request.

JOHN: Of course, Bunny Boy hasn’t written much about his boss for the past couple of weeks. Not since he lost his state lawsuit against my codefendant’s and me [or his recent loss of his peace order petition and its appeal]. The court granted us a directed verdict because there was no evidence against us.

JUDGE 3: There was absolutely no evidence in this case—exactly—to which the defendant is alleged to have done, and so I think the case falls short of the level at which it should go to the jury. For those reason the Court will enter judgment in favor of the defendants.

JOHN: No. I’m not the vexatious litigant in this scenario. And the game’s not over yet.


ANNOUNCER: (VOICE OVER MUSIC) It’s been said that truth is strange than fiction because fiction has to make sense—as we will see in the next episode of “BLOGSMOKE”!


ANNOUNCER: The Legal Department wishes the following declaimer read: “‘BLOGSMOKE’ is a work of fiction. Anyone who feels it might be about him should read Proverbs 28:1.”

Be sure to tune in on Monday at 6 pm Eastern Time for the next intriguing episode of “Yours Truly, Johnny Atsign.” This is LBS, the Lickspittle Broadcasting System.

Yours Truly, Johnny Atsign

Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

JENSEN: (Telephone Filter) Good morning, Mr. Atsign. My name is Ernest Jensen. I think you might be able to help me.

JOHNNY: Hello, Mr. Jensen. What can I do for you?

JENSEN: (Telephone Filter) I’ve heard that you’ve done some investigating related to a guy on the Internet called The Grouch.

JOHNNY: He’s crossed my path.

JENSEN: (Telephone Filter) He’s suing me for defamation.

JOHNNY: He sues a lot of people, and, yes, I may be able to help you.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

MUSIC: Theme up to music out. Continue reading