It’s been observed that History doesn’t repeat itself, but it rhymes. There seems to be echoes of similarity bouncing among lawsuits these day.

The shutuppery lawsuit that the big-time media has take some notice of is Shirley Sherrod’s defamation suit against Andrew Breitbart’s estate. J. Christian Adams writes about it here.

Sherrod’s lawsuit is premised on a dangerous idea: when conservatives speak about liberals, they shouldn’t be allowed to quote the liberal saying disgraceful things unless they quote the liberal also saying nice things. Supposedly, Andrew Breitbart’s didn’t publish enough of the nice things Sherrod said, and thus Sherrod sued Andrew and Larry O’Connor (a editor).

Let’s call it the not-enough-nice-context theory of defamation. They don’t teach it in law school, yet.

Sherrod’s defamation theory is dangerous to the free press

Read the whole thing. The Gentle Reader who has been following the lawsuits reported here at Hogewash! may see certain recurring themes.

One of the topics Shirley Sherrod’s lawyers wanted to know about in my deposition is who controls the comments to articles here at PJ Media.


UPDATE—Bad link fixed.


61 thoughts on “Similarities

    • Oh that tail of yours. It hangs on Rabbits porch and mocks us all.

      I have to wonder, though, how the judge will react to being given some very very very bad information from Kimberlin, information that anyone attempting due diligence could not get so wrong, and casting all sorts of aspersions on Ace based not only on a rather weak bit of hyperventilation about intention to “evade”, having seen Brett coming since 2004, but which wouldn’t relieve Brodie burden or prevent him from getting a subpoena (unless he failed the test) issued to two other sources.

      He’s been warned not to mess around with facts or take statements or wording out of context – and he did so much of that.

      He also wants two weeks to play and mull over arguments after demanding an injunction on a near-emergency basis, when he already knew about what was scheduled in the state case before he asked for the injunction. He just got a deadline and a set of restrictions he did not like.

      When the judge finds out, as the judge will, that Brett has misrepresented substantial facts he used as a key support for his demands, how do you think he will handle it?

      • In another thread Roy suggested someone compare the attachment on PACER to what was mailed. I certainly wouldn’t put it past the tiny terrorist to “edit” Mr. Levy’s piece.

        Of course, the defendants are well aware of tactics of Brett Kimberlin, the guy who married literally a child bride of barely 16 while he was in his 40’spedo pro-se pipsqueak that he is. [ugh] [shudder]

        Again, if there can be a silver lining to this mess, it’s that local parents have better access to the information about Brett Kimberlin’s violent and felonious past and are better able to protect their children from his attentions. You know, like Julia Scyphers tried to do for her granddaughter before she was murdered by a known associate of Brett Kimberlin, director of Justice Through Music Project (JTMP).

        Remember too, Aaron’s prediction: “By mid-August we will have a ruling that it is not defamation to call Brett Kimberlin a pedophile…”

  1. They are all Statist Totalitarian wannabe Dictators at heart. Ace is right when he talks about our ‘”intellectual superiors”‘ (I had to use British quotes to encapsulate the scare quotes); they really are nothing but pedigrees with no substance or value. Them dogs just can’t hunt.

  2. Pingback: Greedy Redeemed Racist Shirley Sherrod | Batshit Crazy News

  3. Interesting was the attacks on their counsel as well

    Also – as Dustin pointed out somewhere – it was the Obama administration that overreacted and fired her without investigating and humiliated her, not Andrew. dustin and I think several other commentators at Patterico pointed out that Andrew’s initial story WAS NOT about Sherrod but the hypocrisy of an anti discrimination group founded to fight for equal rights were laughing at tales of discrimination.

    • My impression, as I recall, was that the NAACP probably pressured the Administration to fire her in order to divert attention from their members.

      I don’t think the lack of investigation had anything to do with it.

      • Sherrod herself reports that they said they wanted her resignation before Glenn Beck got on air at 5 PM. They made her pull off the road and resign.

        We’re in the best of hands.

  4. From the Bullyville complaint (gee, this all sounds so FAMILIAR somehow). A suspicious mind might see a shared strategy here among a broad range of players. So- called obsessions, claims of victimhood:

    “95. Like @OccupyRebellion and her admitted alias @qritiq, Lipton has an obsession with right-
    wingblogger Lee Stranahan. Stranahan is a small-time blogger, a fringe player, and not widely known, but Lipton, across all aliases, is obsessed with him. This obsession informs her use of the …Twitter accounts. It is one of several key identifiers.
    96. Oddly, Lipton often takes the position as victim in these blogger wars, and asks that people remove defamatory tweets about her. She does this across accounts, crying foul, threatening to sue and then attacking in a manner quite similar across accounts, and quite similar to her conduct on the BVFiles.”

      • Gee that sounds like someone I’ve read about. Who is that keeps finding the “smoking gun” that guarantees a victory only to keep losing?

    • FAMILIAR, indeed.


      “People engaged in provocative online conduct feel insulated; they’re in the comfort of their own home, if they’ve engaged in a little bit of caution they may feel completely anonymous, and this emboldens them. Specifying the strategy we’ll use to break their anonymity won’t permit any mitigation on their part without adjusting their behavior, which counts as a win for us. We’re dealing with people who have likely had no interaction with the court system beyond a traffic ticket; the potential for a pro se litigant to force them into expensive, long distance, lengthy, discovery laden litigation doesn’t seem to cross their minds.”
      – Neal Rauhauser (aka “Stranded Wind”), Aug. 29, 2010

      “What I describe here is a textbook application of the principles of Open Source Intelligence. We’re going to observe, collect, and collate information. An orderly, professional effort here will counter the Open Source Stupidity we’re seeing from the radical right, providing an invaluable resource for civil and criminal actions.”
      – Neal Rauhauser (aka “Stranded Wind”), Aug. 31, 2010

  5. ” If you morons would just forget Brett Kimberlin even exists and go about your lives, you would be happier and no one would be investigating. “

  6. “…who controls the comments to articles here…” The rabble. The unwashed. The uncertified, unlicensed folks who have a right to comment. The people Shirley Sherrod was supposed to be serving when instead she was judging by the color of their skin.

    We choose to control ourselves — or NOT control ourselves if that pleases us — as we comment on the issues of the day. Welcome to the 21st century.

  7. Control is the key word. Leftists fight for it. They dream of it. They can’t even imagine a place where one does not control the thoughts, expressions, actions and resources of others. Yes, these lawsuits are a bit of shutuppery, but that is just the particular aspect of control at issue in the cases at hand. They also seek control in every other facet of life… right down to which insurance policy you are allowed to buy. It is the same madness, the same sickness and the same evil. The law just frowns on one type of it while embracing the other types. Some people just have trouble understanding where that line is drawn. Hopefully, the court will provide some instruction on that point to them this week.

  8. Just a question here. Why does Brett Kimberlin accompany Bill Schmalfeldt to Bill Schmalfeldt’s court appearances?

      • Probably for the gas money and laughs. When I sat behind the little terrorist he got a good chuckle every time the judge had to correct Schmalfeldt…and it was a lot of times. This was the hearing where he had a huge presentation all laid out. He tweeted about it for a long time before the hearing. SMOKING GUN! DOOMED! He doesn’t walk out of there with his PO intact. Humiliate him. I’m sure you remember those gems. And our hosts response…Res Judicata. Good times, good times. The diddler must have got his chuckle quotient that day.

  9. Prenda Law loses another appeal:

    “We have carefully reviewed the record, and we conclude that the district court did not abuse its discretion in imposing attorney-fee sanctions against appellants. The district court found that appellants initiated and pursued this litigation in bad faith, that the only purpose of the litigation was “to harass and burden Non-Parties through obtaining IP addresses to pursue possible settlement rather than proceed with potentially embarrassing litigation regarding downloading pornographic movies.” This is an improper use of the judicial system. ”

  10. I’m reminded of the selective editing NBC to did the Zimmerman tapes. Zimmerman’s lawsuit ended immediately in summary judgment against him.

    • That summary judgement was issued by a “judge” who had been removed from the criminal case (for cause, as I recall), and has never given Zimmerman a fair ruling. It’s being appealed.

      • True enough, the entire state apparatus of Florida has no intention of treating George Zimmerman fairly. Nevertheless, pointing out the disparate treatment helps both George Zimmerman and Team Lickspittle.

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