One of the dumbest things Brett Kimberlin has done during his campaign of lawfare was to use Bill Schmalfeldt as one of his PR mouthpieces. Aside from his incompetence, Schmalfeldt personal legal problems became a massive source of pointage, laughery, and mockification that damaged the Team Kimberlin brand. Schmalfeldt’s misbehavior resulted in his receiving a dozen restraining orders issued in five states. One was issued to protect a three-year-old child.
Here are a couple of posts from four years ago today that dealt with Schmalfeldt’s inability to obey one of those court orders. The first was a Legal LULZ Du Jour. The second was a Prevarication Du Jour.
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If the Cabin Boy™ were to bother to read his copy of the stalking no contact order issued against him on behalf of Patrick Grady, he would see that he is forbidden from communicating “to or about” Mr. Grady. It may be that Cook County is interested in seeing that the orders of its courts are obeyed. BTW, Wisconsin recognizes out-of-state orders as enforceable in Wisconsin.
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No, I don’t hate the First Amendment. I believe that prior restraint on publication generally is prohibited by the First Amendment, and the Supreme Court agrees with me. See New York Times v. United States, 403 U.S. 713 (1971), also known as The Pentagon Papers Case.
However, I do believe that it is possible for someone to do something that can result in the loss of some or almost all of his rights. For example, a felony conviction will put an end to a person’s Second Amendment right to own a modern firearm. A jail sentence ends someone’s right to travel as he pleases. Thus, it may be that a finding by a court that one has used his speech to violate the rights of another can cause a loss of some of the violator’s First Amendment rights. IANAL, and I haven’t read much case law in the area, but I wouldn’t be surprised to find that the Illinois stalking no contact order law is valid.
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Schmalfeldt should have spent more time invoking his Fifth Amendment right to remain silent. IIRC, the last of the restrain orders has expired, so his First Amendment right to speak is unfettered. But now it seems that nobody is listening.
Karma is a bitch.