Team Kimberlin Post of the Day


Team Kimberlin’s delusions of adequacy lead them make some ridiculous demands. The TKPOTD from four years ago today looked fun at a bit of legal silliness from Bill Schmalfeldt.

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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.

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What threats he’s made that weren’t completely empty were still failures.

#Loser

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