Another Fine Acme Legal Theory

vbr201402210202Z47 U.S.C § 230(c) says that the person providing content is responsible for what he provides. In the case of a comment posted here at Hogewash!, that’s the author of the comment. The law says that

[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

Furthermore, 47 U.S.C § 230(e)(2) says in part that

No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.

Now, Acme will probably point to the recent Hare v. Richie case where discovery was allowed to continue in spite of a website’s contention that is was protected by § 230. There are three things to consider. First, discovery was allowed in that case to determine if the site operator was involved in producing any of the offending content. Second, the plaintiff wound up losing the case. It was dismissed.

Third, discovery in a similar lawsuit involving Hogewash! would lead to the same result.

32 thoughts on “Another Fine Acme Legal Theory


  1. BS’s threats about comments on this venerable blog are just another example of Kimberlin et. al. trying to chill our 1st amendment rights. I do not believe Kimberlin is redeemable. I believe he is one of the fraction of a fraction of a percentage of people who are born defective. BS, on the other hand, was not born defective, but likely was molded to behave as such due to the environment in which he matured. I am going to start praying for BS, vigorously. He cannot play the knave for much longer. I think he sees these attacks on the 1st amendment for what they are, baseless, but is not quite able to ask forgiveness. Not much longer for him. He cannot persist in these endeavors as the reality of his mortality becomes ever-present. He will not face his maker with the stain of Brett Kimberlin fresh upon his soul.


    • Amen. Its easy to hate somebody like Bill Schmalfeldt, but if you take your Christian obligations seriously, you have to put that reflex aside. The guy is a mess, and hateful, pointless bitterness is no way to go through life. The poor guy HAS to be missing out on the good things God has planned for him because he is too busy waging an Internet war against people that either hate or pity him. As entertaining (and mindbending) as the “relationship” between Hoge and Schmalfeldt is, its also terribly sad.


      • I pray for his immortal soul on a daily basis. Kimberlin too, simply because it is my Christian duty to do so. That doesn’t prevent me from also trying to stop their illegal behaviors nor to ridicule their activities.


  2. You have to kind of admire the effort it takes to be consistently wrong 98.99% of the time. (I say 98.99% because sometimes he appears to spell is own name correctly after all.)

    That level of consistency is difficult to achieve and maintain and I believe in giving credit where credit is due.


  3. Just playing devil’s advocate: He very well might mean an ethical or moral responsibility rather than a legal one.


    • Yeah…no.

      I’m responsible for my own comments, not Professor Hoge, and, in my humble opinion, Bill Schmalfeldt is one of the most odious people I have ever known.

      And I’ve known him for many years.


      • He’s now saying that by e-mailing Ms. Barnes that certified letters are coming counts. The wording of the tweet suggested that they certified letters had already been sent, but that might just be a problem of the 140 character limit. But even if Ms. Barnes sent a generic acknowledgement of his e-mail (“we have received it”) I don’t think that would count. And since nothing illegal is being done, there is nothing to cease and desist.


        • Heh. Delusion and non-existent education combine to make the ignorant Schmalfeldt believe he is a ‘superior’ intellect. The very fact he was a GS13 identifies him as an ignorant stooge. The strong possibility that he is a disability fraud should give him pause but like all ignorant horse’s asses, he just cannot fathom that laws apply to him, he is a magical intellect, exempt from all laws, rules, regulations and even proprieties …


    • i just sent a 2nd C&D demanding he STOP BREATHING immediately. If he CONTINUE TO BREATHE after 4:59PM today, i will hold WJJHOGE fully responsible! YOU HAVE BEEN WARNED


  4. Dunning-Kruger effect explains a lot of this. Hate too. Maybe some physical issues as well. My experience is that there is an overlap in the circles of the Venn diagram showing crazy folks and jerks. Some folks are both. We can be sympathetic about the fact that he clearly has issues which are out of his control, but he persists in acting like a real jerk.


  5. Okay, so here goes. Brett Kimberlin is a pedophile, based on his own comments, lyrics and actions. Brett Kimberlin is a convicted perjurer. Brett Kimberlin is a convicted bomber. One of Brett Kimberlin’s bombs ultimately resulted in the death of his victim, one could insinuate that the charge of manslaughter could be brought. Brett Kimberlin’s bombs were either so poorly or maliciously targeted as to make him a terrorist by their randomness and targeting of non-party civilians. Brett Kimberlin is a convicted drug runner / dealer. Brett Kimberlin knows what the Presidential Seal tastes like.

    I, Gus Bailey, offer my sincerest gratitude to the defender of the First Amendment, WJJHoge; for allowing ME, not him, to say these things in such a well read public forum.


    • From The Fine Print:

      Comments posted to the site remain the property of the originator of the comment who is solely responsible for the content of his comment. Posting or attempting to post a comment to the site grants a royalty-free license to Hogewash! and its owner to reproduce the comment or any portion of it in any medium without limitation to the place or time of use or publication. Allowing a comment to appear on the site does not constitute an endorsement of its contents.


  6. Oh and, while I’m not a psychiatrist; Bill Schmaltfeldt Res Judicata seems to be suffering from delusions of grandeur, disassosiative psychoses, and body odor. That last one is conjecture. Oh, and I doubt he even owns dogs. It has been my experience that canus familiarus is too intelligent to stay around crazy people. Unless he has the poor beasts chained. Do you chain your dogs Bill?? Res Judicata


  7. Just answer the question Bill, “Have you stopped beating your dogs with chains?” Yes or no? Do we need to call the ASPCA? They might have to take the dogs away, for their own safety you understand.

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