Or a zombie website finds its server.
It looks as if the anonymous blogger I call “Coleman” isn’t calling it quits. The hate site devoted to Aaron Walker is back after what seems to be some sort of technical problem. (One of the two nameservers that supports the site was still unreachable at 6 am ET on 4 July.)
So I’ve had a chance to read the comments Bill Schmalfeldt posted on the site. The Sore Loserman writes this in his first comment:
I have been charged, in effect, with a crime because I insisted on replying to someone who was insulting me on a daily basis. If this gets past the Howard County State’s attorney, this is exactly how I will put it. I will show him insult after insult after filthy comment after filthy comment after 4th grade name-calling after 4th-grade name calling issued by Aaron Walker. Then I will ask the judge if this is what the First Amendment envisions, and if this is a proper use of Maryland Code 3-803, which is meant to protect people like battered women from their abusers. Aaron Walker is not a battered woman. He is a spineless coward who wants the right to insult people without allowing them the First Amendment Right to throw those insults right back in his face.
<fisking>Actually, it is my understanding from conversations with Aaron Walker that Schmalfeldt was charged not because he replied to Mr. Walker’s comments but because of the vile nature of Schmalfeldt’s tweets and blog posts. Md. Crim. Law § 3-803 defines harassment as
maliciously engag[ing] in a course of conduct that alarms or seriously annoys the other:
(1) with the intent to harass, alarm, or annoy the other;
(2) after receiving a reasonable warning or request to stop by or on behalf of the other; and
(3) without a legal purpose.
That’s the crime that the Circuit Court found Schmalfeldt had engaged in to form the basis of the peace order granted in Hoge v. Schmalfeldt.
Just as I had placed Schmalfeldt on notice to stop directing communications to me, Aaron Walker did so too. Actually, he did it twice—on 14 February and on 16 February. Just as in my case, Schmalfeldt tweeted and blogged about receiving notice and his intention to ignore it. Here are some of the hundreds of tweets Schmalfeldt sent. (@AaronWorthing is Aaron Walker’s twitter account.)
Liberal Grouch @shawhoneya @mianisees @aaronworthing @stranahan @wjjhoge @rsmccain @ali And you deserve troll time.
20 Feb 13
Liberal Grouch @jsigwart @AaronWorthing @Battle_Damage @OsborneInk @OccupyRebellion Aaron’s brand of pathology doesn’t allow him to admit being wrong.
24 Mar 13
Bill Schmalfeldt @BuchananRick @Harada_no_hime @Xcitizen10 @Kimberlinunmask @AaronWorthing #wjjhoge DIAF
14 Jun 13
DIAF is Internet slang for “Die in a fire.”
Bill Schmalfeldt @MJanovic @AaronWorthing She better, or he’ll send her ass packing back to Asia where he purchased her.
20 Jun 13
Bill Schmalfeldt Fat, cowardly @aaronworthing thinks my neck is funny. I think it will be funny when a jihadist finds him.
22 Jun 12
Bill Schmalfeldt Actually, I’ll laugh my ass off if a friend of an American serviceman @aaronworthing got killed with his EDMD shit beats him unrecognizable.
22 Jun 13
On the same day as the previous two tweets (22 June), Schmalfeldt’s rabid response hate blog had a post that contained this:
So, you [Aaron Walker] know there are HUNDREDS of people who know you, who know where you live (and if you need the address, gentle reader, ask me. It’s a matter of public record). Some of them will be servicemen who lost friends because of you. Some may be Islamic extremists who want to behead you on television for insulting their prophet. I think the Americans would probably just beat you until your face is unrecognizable, which would be an improvement.
Later that day, Schmalfeldt posted this on his blog:
Again, any service member who lost a friend in Iraq or Afghanistan because of Aaron Walker’s freedom to incite violence who would like have a face to face “discussion” with him about the responsibilities that go along with free speech, drop me a line and I’ll give you his address and phone number.
Sorry. I don’t talk to Islamic Extremists. You’ll just have to search the court records to find him.
Those blog post come very near to solicitation of assault or murder. I think most folks would be harassed, alarmed, or annoyed by being on the receiving end of such messages, and it’s kinda a no-brainer that solicitation of a crime isn’t a legal purpose. We seem to have all the elements of the offense of harassment here.
Then I will ask the judge if this is what the First Amendment envisions, …
Cabin Boy Bill has already been told by Judge Rasinsky, who put him on notice at the first District Court hearing, and by Judge Stansfield, who granted the peace order at the Circuit Court appeal, that his behavior was not protected by the First Amendment.
… and if this is a proper use of Maryland Code 3-803, …
Both Judges Rasinsky and Stansfield have said that it is. The only reason that Judge Rasinsky didn’t issue a peace order in the first place is that the Cabin Boy lied about receiving notice. With proper notice documented, Judge Stansfield issued the order.
… which is meant to protect people like battered women from their abusers.
No, that’s not the purpose of § 3-803. That statute makes harassment a crime. Md. Courts and Judicial Proceedings § 3-1503 allows a court to issue a peace order for up to six months between two unrelated persons. Harassment under § 3-803 is one of the bases for such an order. Schmalfeldt appears to have peace orders confused with the somewhat similar protective orders that are issued in domestic abuse cases under Md. Family Law § 4-506. Aaron Walker is seeking a peace order because of harassment.
… without allowing them the First Amendment Right to throw those insults right back in his face.
I don’t remember ever seeing Bill Schmalfeldt allow a comment on one of his blogs in defense of anyone he had attacked or defamed. Yet, he whines when his targets don’t open their blogs to him. You know, I probably would have let the Cabin Boy comment here at Hogewash! if his first attempt hadn’t addressed me as “f__ker,” but Schmalfeldt has had ample bandwidth available to make his case. Those of us he has attacked are under no moral or legal obligation to give him a bigger soapbox. He has no First Amendment right to the use of someone else’s blog. It’s not our fault that he has created an unattractive web presence that draws little traffic.</fisking>
Coleman, writing under the alias “mohammud,” has brief obscene comment, and then the Sore Loserman resumes with more whining about possible additional legal woes.
UPDATE—Perhaps Coleman will remember that Brett Kimberlin attempted to use the Maryland peace order statute to muzzle Aaron Walker. He obtained an order prohibiting Aaron Walker from even mentioning him. Of course, that unconstitutional order was later set aside. No one has sought or is seeking such an order against Bill Schmalfeldt.