Prevarication Du Jour

It’s amazing how much falsehood Bill Schmalfeldt can pack into a tweet limited to 140 characters.WMSBroad201311082332ZThe Gentle Reader who has followed this blog for more than a couple of days probably understands that support for the First Amendment, particularly against assault by thugs such as Bill Schmalfeldt, is one of the primary themes of this blog. If I’m using this blog to fight for anything these days, it’s for protection of the First Amendment.

However, the First Amendment is not a shield for criminal activity, and harassment is a crime in Maryland. Harassment is also a trigger for the issuance of a peace order, and failure to comply with the terms of a peace order is a crime.

The Circuit Court found that @mentions and @replies as described by Twitter’s Rules and Best Practices constituted contact.

The Circuit Court found that Bill Schmalfeldt was using @mentions and @replies as one of the means by which he was harassing me.

The Circuit Court issued a peace order forbidding Bill Schmalfeldt from contacting me by any means for six months.

The Circuit Court denied Bill Schmalfeldt’s motion to modify the peace order.

The Court of Appeals denied Bill Schmalfeldt’s appeal of the peace order. That means that the Circuit Court’s findings are good law.

The peace order remains in force, and Bill Schmalfeldt continues to contact or attempt to contact me, especially via @mentions and/or @replies on Twitter.

That’s illegal activity. It’s also not “peaceable.”

Does the Cabin Boy need to be sent to jail? That’s not for me to decide. There may be other remedies that could provide adequate relief. The courts will sort that out.

9 thoughts on “Prevarication Du Jour

  1. The Orwellian nature of his claim is breathtaking. Bill Schmalfeldt publicly stated that John Hoge, and others would be “happier” if they forgot Brett Kimberlin even existed, that is if they never wrote about him ever again. All of Bill Schmalfeldt’s acts of harassment were, according to his own professions, an attempt to suppress truthful public speech about Brett Kimberlin. The prosecution of Bill Schmalfeldt for criminally acting to suppress the speech of others is an affirmation of the First Amendment. Somehow, Schmalfeldt asserts the exact opposite.

    • Not to mention his ongoing threat to sue and/or press criminal charges against Hoge if he tries to enforce the PO.

  2. Well, now he is making the mistake of poking the bear known as Popehat. What does it say about a person, who is not a lawyer, when lawyer after lawyer, including those acting as judges in his cases, tell him that Cassidy does NOT apply and he keeps insisting that it does? He believes that he will be able to talk or bully his way into getting the result that he wants. Ever ask a lawyer what he thought about something, and the answer was, “it depends?” It does depend on the fact pattern of any given situation. Cassidy does not apply, and the Maryland courts have held so.

    • BS today: “Popehat, Popehat, waaa, help me, prove I was wrong about you.”

      BS last year (from Popehat’s blog):

      “What Did Bill Schmalfeldt Say About Me?

      Last year, between Christmas and New Years, Bill Schmalfeldt posted a fantasy about mob violence and murder, enthusiastically imagining the death of Patrick Frey and me.

      He posted our office addresses and phone numbers, and then — using the rhetorical device of pretending that we had been “whining” about being “targeted” — said the following. I quote it rather extensively because the entire context is important and because he may memory-hole it.

      I say that unless someone is dragging @Popehat……and Frey OUT OF THEIR OFFICES and BREAKING THEIR KNEES WITH BASEBALL BATS because of this, then there is nothing for them to worry about. Words are just words, and they cannot harm you. “Sticks and stones,” as they say.

      Or, baseball bats.”

      See more from Ken White (Popehat), here:

  3. While no one wants a sick old man to go to jail, Bill Schmalfeldt must be stopped. I cannot quite believe his behavior; I remember his over 200 tweets in one weekend to Stacy McCain (for no reason whatsoever), and the vile things he has said about Mr. Hoge, over and over again. This needs to stop.

    I am sorry that BS has chosen this set of consequences.

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