Stupid Is As Stupid Does


Bill Schmalfeldt has yet another website wasting bandwidth on the Interwebz at pupsoc dot com (No, I won’t link to it.). He has a post up in which he tries one more time to convince the world that the Circuit Court of Maryland for Carroll County and the Maryland Court of Appeals don’t properly understand the laws of the State of Maryland.pupsoc20131107For the record, I have never said that either the Maryland Attorney General, the Maryland Legislature, or the U. S. District Court for the District of Maryland are wrong on any of the issues connected to the Hoge v. Schmalfeldt peace order. I have said that the Cabin Boy and his legal counsel from Acme are throughly, totally, and utterly wrong in their understanding of what those folks have said about the law.

First, the Attorney General … The letter Schmalfeldt keeps waving around does not bear on the question of whether or not he harassed me under the general harassment statute. It does relate to whether he might be criminally charged under the more severe misuse of electronic communications law. There are two subpoints to consider here. One is that only the general harassment statute relates to a peace order. The other is that the Cabin Boy must misconstrue Twitter’s Rules and Best Practices to try to dance around the fact that Twitter says that it delivers @mentions and @replies to the named account. That qualifies as a message sent to specific address under the tougher law.

Second, the Legislature … The Legislature has been tweaking the misuse of electronic communication statute, but nothing they have done gives Schmalfeldt a license to violate the general harassment statute. The fact that an act might not a crime under law A does not mean that it ceases to be a violation of law B.

Third, the U. S. District Court … The U.S. v. Cassidy case which Schmalfeldt wishes would support his legal theory does not deal with the question before the courts in Hoge v. Schmalfeldt. In Cassidy the District Court found that a particular federal law was being misapplied to a set of tweets on Twitter about a someone. It does not deal with tweets addressed to someone. As Judge Stansfield patiently tried to explain to the Cabin Boy during the hearing on 16 October, the First Amendment’s protection of speech directed to the public about someone is broader than speech directed to someone, especially when that person has asked to be left alone. The Court of Appeals let Judge Stansfield’s ruling stand by refusing to hear Schmalfeldt’s appeal because

there has been no showing that review by certiorari is desirable and in the public interest.

In other words, none of the Cabin Boy’s legal arguments were worth the Court’s time.

I fully expect that Schmalfeldt will do something outrageously stupid very soon.

Stay tuned.

14 thoughts on “Stupid Is As Stupid Does

  1. He already has done something very stupid, but he will probably double down.
    Interesting, this part: “That qualifies as a message sent to specific address under the tougher law.”
    Contempt of court . . . has a nice ring to it.

  2. I thought the judge did a good job in explaining why each of Schmalfeldt’s harebrained theories were incorrect. But then again, Schmalfeldt only believes what he wants to believe and everyone else, including a respected judge, must be wrong. Your lawyer even emphasized to the court that Cassidy dealt with writing ABOUT someone and not TO them. It’s hard to fathom that Schmalfeldt is stupid enough not to get that distinction. The PO isn’t for writing about you, it was for writing to you.

  3. Based on his on-line behavior, I have formed the opinion that BS is a bully and has been one for a long, long time. Like many bullies, he has trump cards to play when his usual MO does not work: it could be turning on the charm, it could be leveraging the death of a family member for sympathy, it could be illness. It could even be the sudden need for a wheelchair. He’s not accustomed to having none of these behaviors work, so he weaves elaborate fantasies in which even the highest court in the state is wrong. Should you decide to continue your efforts to enforce your right to be left alone, I think that the numerous tweets and blog entries in which he thumbs his nose at the SA, the courts, and your rights, should be attached as exhibits. At least a few of them – you don’t want to level any forests.

  4. Folks may not realize this, but CBBS is tweeting WJJH from two accounts, in violation of a court order. He is retweeting stuff from “PoopFlakeBeard.” Hhm. Isn’t that the term that got him in a bit of trouble in court during his first appearance?

  5. I wonder how many months BS would get in jail? I don’t think that he would get time off for good behavior, but that’s just my opinion. Contempt of court . . . . It just rolls off the tongue, doesn’t it?

  6. By the way, BS already admitted, in an August email to the SA, that he knew that tweeting @wjjhoge is a violation of the PO. Also, see my comment above where I explain BS’s self-righteous indignation and use of whatever he can, such as the death of his mother, to gain sympathy and justify his behavior. Well, he is on a rant at the moment. Only his mother matters, you see, not Ali’s mother, or the mother of his children, or any other mother. Just the one mother that he thinks will enhance his victim status.

    • He really is stupid. He keeps saying that Hoge won’t moderate the comment about his dead Mom, but he keeps posting a tweet. Last I knew, Hoge didn’t own Twitter and can’t moderate other people’s tweets.

      • Yes, he publicizing a tweet repeatedly from someone with . . . 6 followers. After all, using his own rationale, he could just block the troll. He is using her death and allegedly getting outraged to shield himself from criticism and justify his cyberstalking.

      • Yeah, I don’t get that at all. That’s not a hogewash comment and doesn’t sound like anything I’ve seen or read here. Even if it did, that comment would belong to the author of the comment and no one else. The tweet is vulgar and stupid, but it’s not like he has much room to complain. Not only could that be Bill’s very own little egg account, (lord knows he’s no shortage of accounts for churning) but he has no compunction about going after or invoking any mom if it suits himself.

      • As of right now, he has tweeted the nasty tweet FIVE times. Is it offensive or not? If it is, stop broadcasting it. Tweeting it repeatedly indicates attention whoring behavior.

      • Actually Reader, it indicates that he or one of his cohorts wrote it. And are desperately trying to blame Mr. Hoge for sending it. If Bill is so upset about the tweet, I suggest that he file a suit to have the identity of the tweeter revealed. I seriously doubt that anyone supporting any of the persons being sued by Kimberlin will lift a finger to stop him.

        Go ahead fatman, sue for that tweeter’s identity. Prove to us that you didn’t send that message yourself.

  7. I agree that Cabin Boy is working himself up to some large meltdown of criminal conduct. Be cautious as while it should be entertaining, it may not be fun to the target of his next crime.

  8. He is convinced of his position even though authority figures including judges have tried to tell him he is wrong. To me that sounds dangerous.

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