Today, Judge Zwaig ruled that because Aaron Walker is a public figure he is not entitled to demand that Bill Schmalfeldt stop communicating with him via email and Twitter. I note that seems to be at odds with Judge Rasinsky’s dicta in his warning to Schmalfeldt on 28 February. Maryland’s misuse of electronic communications law is only recently on the books, and the courts are still sorting out how it will be interpreted.

I heard Bill Schmalfeldt say some interesting things under oath. He said that he is not paid for his work with Breitbart Unmasked. He also said that he does not know the identity of Breitbart Unmask’s publisher, The Watchful Avenger.

The Saga of Team Kimberlin continues to unfold. We will turn another page on Monday.

Stay tune.

UPDATE—While reviewing my notes, I was reminded that Cabin Boy Bill Schmalfeldt seemed genuinely surprised that Aaron Walker had only one Twitter account.

In an earlier post today I alluded to Edward R. Murrow’s 1954 See It Now broadcast about Senator Joseph McCarthy. Whether or not one agrees with Murrow’s conclusions, that broadcast is an excellent example of using someone’s own words as criticism against him. Given the various lawfare tactics used by Team Kimberlin over the past couple of years, I’d like to offer this paraphrase of Murrow’s closing words from that broadcast:

We will not be driven by fear if we dig deep in our history and our doctrine and remember that we are not descended from fearful men—not men who feared to write, to speak, to associate, and to defend their causes. This is no time for men who oppose Team Kimberlin’s methods to keep silent. We can deny our heritage and our history, but we cannot escape responsibility for the result. There is no way for a free citizen to abdicate his responsibility. As bloggers we have come into our full inheritance at a tender age. We proclaim ourselves defenders of free speech wherever it exists, but we cannot defend freedom for ourselves by deserting it for others.

The actions of the Cabin Boy from Team Kimberlin have caused alarm and dismay to some amongst our ranks and have given considerable comfort to the enemies of free speech. And whose fault is that? Not really his. He didn’t create a situation of fear; he has merely been used to exploit it. If we allow him to succeed, then Cassius was right. “The fault, dear Brutus, is not in our stars, but in ourselves.”

Good night and good luck. Stay tuned.

At the 28 February hearing, Judge Rasinsky found that there was insufficient proof that Bill Schmalfeldt had received proper notice to refrain from communicating directly with me, so he did not extend the Peace Order I had requested. However, he did find that all the other requirements for a Peace Order had been shown. Since I believe that I can now document proper notice, I have filed an appeal.

I now have a transcript CD of the hearing. Here is what Judge Rasinsky told Bill Schmalfeldt at the end of the hearing:

The warning that I want to give is very specific, and it is not a very unusual warning for me to give. The battle line is drawn. He doesn’t want to hear from you, and that means no specific things addressed to him. … [Y]ou’re on notice, and hopefully you’ll abide by the conditions that Mr. Hoge has imposed in terms of your contact with him, and, uh, continue your debate in a peaceful, civil, and legal manner.

Things continue to unfold.

Stay tuned.