Team Kimberlin Post of the Day


One of the differences between Team Kimberlin and many of us he has sued is our support for the First Amendment. We support every American’s First Amendment rights, even those of the members of Team Kimberlin. Thus, when Roger Shuler was arrested for violation of an unconstitutional gag order, many of us went on record supporting his cause. I did in a post titled Locked Up for the Wrong Thing published five years ago today.

* * * * *

Roger Shuler seems like a complete wacko, and it may be that he should be locked up somewhere. However, he’s now in the slammer for violating an unconstitutional court order. He may be where he needs to be but for the wrong reason.

Two points.

First, unlike Aaron Walker who, when faced with a unconstitutional court order last year, obeyed that order until it was struck down, Shuler violated the order issued against him.

Second, even if he is a nutcase, he still has First Amendment rights worth defending. IANAL, so I’ll refer the Gentle Reader to Aaron Walker and Ken White for better explanations than I can offer.

UPDATE—Stacy McCain provides some more perspective concerning Roger Shuler.

UPDATE 2—Aaron Walker has further analysis here.

* * * * *

Free speech has to allow for stupid, irrational, crazy, provocative, and offense speech.

5 thoughts on “Team Kimberlin Post of the Day

  1. Robert Shuler was about the biggest whackjob you could be, other than being Deb Frisch.

    It appears, the goal is to not offend judges, and not ignore (otherwise illegal) court orders. Do that and the world is yours. Bill seems to have read this playbook. A-A-ron also published things on this issue, when he was forced to refer to Brett Kimberlin, aka The Speedway Bomber, as Lord Valdemort i.e. he who cannot be named.

    Comply and appeal is much better than defy and appeal…

    • He wasn’t jailed for violating the judges order, he was jailed for shoving an Alabama St Trooper and threatening them. He also didn’t have exactly the same order as Aaron, Schiller was as a matter of fact and not an opinion, saying a married woman was having an affair. He was banned from doing that.

      And guess what he did….

    • He was being served with a notice to appear when Schuler decided to shove an Alabama St Trooper.

      And as a side note, you cannot ever, in any state city, province, etc print something THAT you know to be false.

      Schuler wasn’t banned from writing about politicians, he was banned from stating facts that he knew to not be true.

      All Schuler had to say is I think, he maybe etc, it was pointed out to him by the court, but he refused, and a few weeks later violated a clear court order.

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