Team Kimberlin Post of the Day


adXzgr8The Cabin Boy™ has another ultimatum published. In it, he threatens to file criminal charges against me under Md. Crim. Law §§ 3-803 and 3-805 and to seek a peace order against me if I do not police the comment section of this blog to his satisfaction. Here’s my understanding of the law as it applies to the situation.

Under the Communications Decency Act (47 U.S.C. § 230), I may not be held responsible for the content of comments submitted by other persons to this blog. Also, under § 230(e)(3), I cannot be subjected to any state prosecution or civil liability for those comments either. Thus, under federal law, someone who believes that comments on this blog are defamatory or harassing or otherwise offensive must take it up with the commenter(s) directly and not with me. If the Cabin Boy™ has a problem with my avatar, he can try to hold me accountable. If his problem is with someone else, he must take it up with him or her. He may not trouble me about it. I’m not obliged to deal with his dispute with a third party.

BTW, The Dreadful Pro-Se Schmalfeldt acknowledged that this is his understanding of the Communications Decency Act in a previous court filing. See Schmalfeldt v. Johnson, et al., Case No. 15-CV-00315-RDB, ECF No. 1 (D.Md. 2015), ¶ 35. Given that Schmalfeldt has admitted that he must take up his complaints against commenters with them and not with me, attempting to hold me responsible for the contents of comments could be construed as an act of bad faith.

Schmalfeldt’s ultimatum threatens criminal charges if I don’t do as he pleases, and he’s demanding that I give him something of value (partial control of this website) that I have no legal obligation to give up. Ironically, he may have violated Md. Crim. Law § 3-704 and § 3-706 .

I do my blogging from Carroll County. If the Cabin Boy™ is stupid enough to want to carry out his threats, he knows how to find the District Court Commissioners Office in Westminster.

94 thoughts on “Team Kimberlin Post of the Day

  1. Wait, he’s now claiming Grace’s law covers him for blog posts?

    There is stupid, then there is Schmalfeldt..

    I need more popcorn.

    • Cabin boy shouldn’t want to mention a law that makes it a crime to annoy someone.

      But I’m no internet lawyer. Just a person stranded on an island.

      >

  2. Acme Law… For Whom the Dumbass Toils

    Pro Se Hacker: “You need someone to harass people for you.”
    Pro Se Terrorist: “Yeah, and it needs to be a real dumbass.”
    Pro Se Hacker: “That way you won’t have to pay him much.”
    Pro Se Terrorist: “I think I know just the right dumbass.”
    … one year later…
    Pro Se Terrorist: “Dumbass! People are laughing at you.”
    Pro Se Dumbass: “I wish they laughed at my radio show…”
    Pro Se Terrorist: “We need people to fear us!”
    Pro Se Dumbass: “Maybe Puppy Boy can mail me more horseshit.”
    Pro Se Puppy Boy: “Yeah, that really scared them last time.”
    Pro Se Terrorist: “Moron! That scheme blew up in our face!”
    Pro Se Dumbass: “We’re all gonna be rich, right Boss?”

  3. Supposing that this guy and Ron B and a few others used in this capacity are really just deeply sad instances of psychological disorders and chronic unemployment being exploited to harass critics of a money laundering psycho who will do anything to keep the sunshine off his ‘charity’… I wonder how bad it will get when things come crashing down (if ever).

    • Gotta give Neil credit, he figured out a very cost-effective method.

      Very capitalistic of him, actually.

      • I haz a suspicion Neal’s hopes and dreams of a big payout from the Bullyville lawsuit are also soon to come crashing down.

        Won’t be the first time. Certainly won’t be the last time for our resident stupor spy.

        I almost feel sorry for him, then I wake up.

  4. BOOM!!!!!! Great post Mr H.
    Why do I get the feeling that Twitter Attorney at Law Bill Schmalfeldt is getting his direction from the Pint Size Pedo? Look out for bogus “charges” by lying Complainant’s in several Maryland counties. And remember those eternal words of Ted Kennedy during the Clarence Thomas Confirmation Hearings ….”It’s not the nature of the evidence, it’s the seriousness of the charge”.

  5. At what point can the man be held to be so deranged he’s a danger to himself and others? Because he’s really found a new page of crazy in the last day or so.

    (Not that I’d say he can’t find yet another of course…)

    • Not an lawyer nor a mental health worker, but my impression has been unless the person makes a direct credible and provable threat to harm himself or others nothing is generally done.

    • As soon as he does that voodoo that he do so badly to a judge or judge’s staff.

      Ask Deb Frisch. Not that learned her lesson…

  6. Not having a clue as to what or how the situation stared, or ended for that matter, what is he whining about?!? Did he get his little feelings hurt by the Big Bad Commenter Boogie Man or something?? If you can’t take the heat…just saaaaaayin! 😊

    • His is the whiniest b*tch in town. He is perpetually butthurt over any/every thing possible. Mostly due to his repressed homosexuality, his physical and spiritual ugliness and a general lack of discernable intellectual activity … plus he is an inveterate liar and a notorious fondler of feces.

      • He is also the subject of several peace orders and restraining orders, some involving WJJH. Using BS’s own standards, one could say that the allegations against him in the proceedings involved his “sexually-charged” behavior. For example, I consider that photoshopping our host into a gay sex scene, and photoshopping a woman onto a penis in the shape of a cactus, to be sexually-charged.

        • Yet he still remains a notorious fondler of feces, a veritable turd burgler … 2 blogs for the express purpose of publishing photos and descriptions of his bowel movements.
          Notorious.

  7. if only child porn producers had the power of moderation, many of them would not be in the dire situations they create for themselves

    CK Lewis found out as his child molestation jokes may have ruined his entire career, 2 jokes, non using sexual imagery, and the massive backlash.

    • One that launches into the air and explodes, raining down a thousand smaller upraised middle fingers?

  8. Heh. The law is a beautiful rainbow with many bands of discrete colors, TK is color-blind. They cannot discern the variations of color nor the discrete bands. Because of this they are incapable of understanding nor correctly applying the law.

  9. I was reviewing the Vast Hogewash Research Organization archives, and in the past 1.5 years alone, BS and Team K have accused Ali, WJJH, Aaron, and Patterico of being the “head” of some non-existent group.

  10. For the longest time, the catch-phrase of Our Host has been “don’t educate the trolls.” In other words, don’t point out the obvious flaws in their filings, because it would be far, far better to reveal them in open court than to let them correct those errors ahead of time. And while that occasionally frustrated readers like me (who wanted in on the LOLs), it was understandable and seemed to be sound advice.

    That rule seems to have expired, as Our Host is publicly and loudly and clearly “educating the trolls” on a very serious and very fatal flaw in the conduct of one of The Trolls here, theoretically giving him the opportunity to correct his error before there are very, very unpleasant consequences.

    Couple this with the very softly-spoken demand that another troll retract legally-actionable claims, and we are seeing Our Host enter a new mode of conduct.

    Complete speculation here, but it seems like Our Host is reaching the end of his patience, and is planning a Michael Corleone-style “today we settle all debts” move (but perfectly within the law — no actual violence) in the near future. The warning here seems designed to satisfy his personal sense of honor, as it would give any person with a shred of rationality pause (especially coupled with the repudiation of the FailDoxxxing and the aforementioned warning shot across the bow of Breitbart Unmasked) and cause them to, at the very least, tiptoe quietly away from the whole mess and hope that it can still all go away.

    However, we know the mindset of the parties involved, especially on TK. These moves, which I repeat would be more than sufficient words to the wise for most people, will in all likelihood drive the irrational (and evil, but “irrational” is the key term here) into yet again Doubling Down On Stupid and will make their already-bad situation far, far worse.

    At which point, Our Host (and, perhaps, currently-undisclosed allies) will come down on TK in righteous fury, hammering them like the fist of an angry god, and finally bring true justice on these monsters.

    This has such a “soft words” feel to me that is tremendously ominous. And the consequences that it portends are… I’m grasping for words here. I am reminded that “awesome” and “awful” are linguistically related, and their original meanings seem so very appropriate in this context.

    • I don’t think our host is PLANNING anything. I think the wheels are already in motion. Like Ozymandias in Watchmen, he’s not going to tell his opponents about his plan so they can prevent it; it already went into execution ten minutes ago.

    • I don’t see anything more than the fact that WJJH has discerned that they are incapable of responding appropriately to anything he writes. He could put up on this blog the statement “Kimberlin needs to cite actual statements made by the defendants, or the suit will be dismissed for failing to make a case.” and the miniature Marxist would not bother to do so. He wouldn’t even understand the need to do so.

  11. based upon his twitter – there is just an attempt to harass as witnessed by his multiple adjudications

  12. Ooooo. He “passed along the information.” How ominous!

    Never mind the fact that anyone with half a brain could have found the info with a 10 second google search. Of course, given who we’re talking about, it shouldn’t be surprising none of them could find it.

  13. Someone doesn’t seem to understand harassment. Freely choosing to view something that offends you is not harassment. That’s stupidity, of which they are most certainly guilty.

  14. Uh oh. More derogatory comments about “Lickspittles,” which he was ordered to stop doing as it causes distress. Guilty of harassment, according to his logic.

  15. I find it telling that BS demands that our host (and presumably everyone else?) take down images he finds “offensive”, “alarming”, and “distressing” because that is harassment!!1! But he sees no reason he shouldn’t post his porn-shoppings, and pictures of other people and their children, often with changes he thinks will demean the subject of the photo. And if they complain, it’s their own fault that they put the pictures out there, and if they just left him alone, he wouldn’t have to do these awful things, etc., etc., etc., just one whiny excuse after whiny self-serving excuse.

    One must conclude that his sainted mother was actually a lousy parent since it would appear she did nothing to try to teach him that the world didn’t revolve around him, a lesson most children start learning by the time they are 4 or 5. They have outgrown the poop fascination by that stage too.

    • BS is a textbook case of arrested development. Psychiatrists should use him as a case study in willful Peter Pan syndrome.

      His demands will continue to get him nowhere. Impotent useless twatwaffles don’t get what they whinge about.

      • A textbook case is one that already has been described.

        Living your life as a minimally scraping by self important blowhard…nothing newsworthy about that.

  16. Brilliant legal theory there, Justice Jones!

    • SCOTUS disagrees.
      And what have we here, another veiled threat? I guess quoting BS and posting a photo he himself has tweeted countless times is some sort of ethics violation. Bars get wacky complaints all the time, and they won’t take one from an adjudicated harasser who posted “sexually-charged” images of his victims very seriously.

    • The interwebz are full of offensive things. Bill must cease and desist posting his things that offend me. Because I say so. And because continuing to do so equals harassment.

      There! I can act just as stupid as BS is. Whatta maroon!

      • You forgot, you have to recite the magic words from the harassment statute: “offensive and alarming and distressing.” By saying those words, butthurt transforms into a CRIME!

      • Oh all right! These things are offensive, alarming and distressing! Wahhhhhhh! I want my Mommmyyyyyyy!

      • That;s the beauty of ACME Law. It does whatever you want to whomever you want whenever you want it. The only downside is that it doesn’t work in actual courts,

    • Knowing that he draws breath offends, alarms and distresses me, therefore, Bill must stop breathing forthwith!

      • Certain bacteria and microorganisms do not need oxygen, surviving instead through various forms of anaerobic respiration.

        The difference, of course, is that such organisms are a vital component in our biosphere, whereas BS’s contributions might be considered ‘negligible’ if you’re feeling generous.

    • Do you know what I find offensive and alarming and distressing?

      I find the Adjudicated Harasser and Adjudicated Stalker Bill Schmalfeldt following me all over the internet for hours-upon-hours, day-after-day in order to read every comment I write, and to verify if my avatar meets his approval, to be offensive, alarming, and distressing.

      Bill Schmalfeldt continuing to follow me to sites I visit on the internet = harassment. I want him to leave me alone and stop stalking and harassing me.

  17. BREAKING: BS admits that commenters, not WJJH, are responsible for their avatars.

      • It also proves he spends his waking hours cruising through sites that are keeping an eye on Team Kimberlin.

        You know Team Kimberlin? The group of losers that “aren’t associated in any way“, but pop up in solidarity whenever one of them is shown to be a loser, poser, deadbeat dad, coprophiliac, pedophile, terrorist what-have-you…

        I thought he was supposed to be hovering over his dying wife, like the angel of death or something? Has he set up a laptop on her rattling ribs?

    • well damn, now i’m going to have to get an actual picture of his wife. ain’t no way in hell i’m going to be considered as respecting anything about bs

    • This is, as they say, “drawing a charge.”

      He is claiming to be pleased with the result so as to get people to come up with a result he doesn’t like and then he can go running to somewhere and say “these people are mean to me and my dying wife.”

      Just eff him. Not literally. That’s gross. Figuratively.

      Remember, he is a metaphorical suicide bomber.

  18. Well, Bill’s latest blog makes it clear that HOGE NOT LAW…

    Instead: OUT OF CONTEXT QUOTES FROM OBSCURE LAW REVIEWS FROM OVER A DECADE AGO AM LAW.

    BWHAHAHAHAHAHA!

  19. Again, someone fails to understand what is being said. No, our gracious host is not saying his readers can harass someone whenever they feel like it.
    Rather, he is stating that those making comments are responsible for what they say. If you don’t like it, you should take it up with those who make the comments.
    Very much my policy as well, for that matter. If one does not like a comment made on my website, take it up with the person in question.

  20. Pingback: The Culture of Offendedness | Dave Alexander (formerly ukuleledave)

  21. Pingback: So You’ve Been Doxxed by Bill Schmalfeldt, What’s Next? | Dave Alexander (formerly ukuleledave)

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s