I’m not sure of all the reasons folks aren’t engaging with Schmalfeldt on the issue, but here are some of the reasons I’ve heard:
Why bother helping him improve his case?
Don’t correct him. You want him to stick with a silly, losing argument.
Why argue with him? He doesn’t want to hear a real legal opinion.
It’s not fair to engage in a battle of wits with an unarmed man.
Let him buy his legal advice from Acme.
I’ll say this much, and then leave the rest to my lawyer—U. S. v. Cassidy doesn’t directly bear on the issues of Hoge v. Schmalfeldt. The Cabin Boy was found to have violated the Maryland harassment statue, not the emotional distress provision in the stalking section of the federal Violence Against Women Act. Maryland’s harassment law was upheld by the Court of Appeals in State v. Galloway, and the U. S. Supreme Court refused to hear Galloway’s appeal (Galloway v. Maryland, 535 U.S. 990, cert. denied). I’ll bet that Judge Stansfield was quite safe relying on the precedents set by the Court of Appeals and the Supreme Court regarding the particular statute affecting the case before him.