An Attempted Totalitarian Twofer

A New York Senate bill would, if passed into law, require that the purchaser of any firearm

consent to have his or her social media accounts reviewed and investigated pursuant to subdivision four of this section …

Such a law would clearly violate rights secured by both the First and Second Amendments. Eugene Volokh offers an analysis of the bills constitutional deficiencies here and concludes with these words—

But remember: No-one is trying to take away your guns, or your freedom of speech.

Read the whole thing.

Good News for the First Amendment

A group of news organizations led by the Washington Post has sued the State of Maryland over a poorly crafted and patently unconstitutional set of laws that try to regulate online political advertising. Judge Paul Grimm of the U.S. District Court has granted a preliminary injunction prohibiting the State from enforcing the laws while the case is pending. Granting such an injunction means that the court believes that the plaintiffs are likely to win the case on the merits and that they will suffer irreparable harm without injunctive relief.

The best line in the Memorandum Opinion is on page 35. Discussing the State’s case, Judge Grim notes,

These are not the arguments of a party that is confident in its case.

The Maryland laws are so over broad that a site as small as Hogewash! could be affected by their reporting requirements.

Words Have Meaning

Ted Lieu is the Congresscritter who recently said that he wanted to regulate the contents of speech and who seemed to be disappointed that the First Amendment prevented it. However, he wants the privilege of using words however he wishes, regardless of their meaning.

Humpty Dumpty and the editors of the Newspeak Dictionary were unavailable for comment.

UPDATE—Another politician once explained the meaning of words with this example:

How many legs does a dog have if you call his tail a leg? Four. Saying that a tail is a leg doesn’t make it a leg.

—Abraham Lincoln

Team Kimberlin Post of the Day

A year ago today, I ran a post called Why I Blog that discussed how I came to write about Brett Kimberlin and his supporters and enablers.

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Because I want to.

More specifically, I took up blogging as a hobby when I was in my mid 60s and approaching retirement. I thought it would be an interesting way to use some of the time that would not be taken up by a day job. I decided to write about stuff that interested me, and if some folks wanted to read it, then the blog would pick up followers. I didn’t expect to monetize the blog.

One of the things that interests me is the First Amendment issues, and writing about one incident wound up changing the nature of Hogewash!. That incident was the patently unconstitutional gag order that Brett Kimberlin received against Aaron Walker. It was a local story, so I covered it. And kept covering The Dread Deadbeat (Pirate) (Performer) (Pedo) Pro-Se Kimberlin as he waged lawfare against various bloggers and mainline media people and organizations who wrote about him. That, in turn, made me a target of Kimberlin and his fanboys, especially Bill Schmalfeldt, and their targeting of me made me part of the story I was covering.

Things haven’t worked out as I expected when I stated Hogewash! in 2011. For the past five years, the bulk of the blog has dealt with Team Kimberlin. That coverage has caused multiple lawsuits, false criminal charges, and a bogus peace order petition to be filed against me, and I’ve monetized the blog to help defray the legal expenses incurred. (BTW, thank you to those who have supported that effort.) While that lawfare is mostly over and settled in my favor, there’s still some to go. Eventually, TDPK and his band of cyberthug wannabes will have lost their final bit of lawfare and will have poisoned their own online reputations via a version of the Streisand Effect on steroids that should be renamed for Brett Kimberlin. Then, I’ll be able to get back to spending more time on other things that interest me.

Oh, two more things …First, it looks as if enough Reality has sunk into the vacuum between the Cabin Boy’s™ ears that he is starting to understand that is more likely that LOLsuit VIII will be dismissed than survive.

Second, the only online use anyone has for Bill Schmalfelt now is as an object of pointage, laughery, and mockification. I will continue to write about him to the extent I find it useful as coverage of Team Kimberlin winds down, but there are now blogs that specialize in keeping track of him, and they are welcome to him.

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My post elicited a tweet from the Cabin Boy™ that deserved a round of pointage, laughery, and mockification of his Genuine GS-13 Editing.

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Let’s zoom in a bit—Heh.

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Heh, indeed.

What I Saw In Court Yesterday

Here’s what I saw during the Gilmore v. Jones, et al. hearing on motions to dismiss at the U.S. District Court in Charlottesville, Virginia.

First of all, I saw Judge Moon from up close. At one point in his presentation, Aaron Walker  (representing Lee Stranahan, Jim Hoft, Scott Creighton, Michele Hickford, and Words-N-Ideas) was using a poster to clarify some of the points he was making. Because there wasn’t an easel in the courtroom, he asked me to hold it, and the judge asked me to bring right up to the bench. Judge Moon seemed to be familiar with the material in the written briefings from the Plaintiff and the three groups of defendants, and he engaged counsel from both sides with questions to clarify factual details. He did not ask many questions regarding the legal theories presented.

Andrew Grossman (representing Alex Jones. Lee Ann McAdoo, InfoWars, and Free Speech Systems) spoke first. He first attacked Gilmore’s claim that the court had jurisdiction over the defendants he represented. None are from Virginia. Because the only claims against them are based in state law, the requirements of the Virginia long arm statute must be met, and he noted that the Plaintiff has offered no evidence to support that assertion. Then he argued that, even if the court had jurisdiction over his clients, the things they were accused of saying or writing were expressions of opinion of the sort protected by the First Amendment and, thus, not actionable.

Aaron Walker went next. He made the same jurisdictional argument for his out-of-state clients. Then, he argued that the court lacked subject matter jurisdiction with respect to the case against Lee Stranahan. Stranahan and Gilmore are both residents of Virginia, and without a federal issue, a federal court doesn’t have jurisdictions over residents of the same state concerning a state law matter. The poster I held for the judge detailed the evidence for Stranahan’s residency in Virginia (extensive) versus Gilmore’s claim that Stranahan is resident of Texas (essentially non-existent). Initially, Gilmore had claimed that Stranahan had a Texas driver’s license, but his lawyers have backed off that claim when they were informed that Stranahan is legally blind. They now claim that Lee’s Texas voter registration was renewed in late 2017, but Stranahan has submitted two declarations relating to his Virginia residency, stating in one that he did not renew his registration and does not know how or even if it might have been renewed. Walker also argued that the remarks made by his clients concerning Gilmore were protected by the First Amendment and not actionable.

Brandon Bolling spoke for Allen West. He was brief and to the point. At the time the allegedly defamatory comments were published, the websites and social media accounts using West’s name were not under his control, and the Plaintiff has done nothing to show that West was in control of those sites. West had nothing to do with the remarks. If there is a case for defamation, it can’t be against someone who wasn’t involved. West should be dismissed from the case.

Two lawyers spoke on behalf of the Plaintiff. Andrew Mendrala of the Georgetown Law Civil Rights Clinic went first. He spent a good portion of his time on the issue of jurisdiction, and he made the statement that Stranahan had only submitted one declaration with respect his residency and that Stranahan had not dealt with the Plaintiff’s assertion that he was registered to vote in Texas. That was incorrect. During a recess, the error was pointed out to him, and he refused to correct the record.

Brianne Gorod of the Constitutional Accountability Center spoke for Gilmore as well. She asserted that the court did not need to consider the requirements of the Virginia long arm statute but should make a determination of personal jurisdiction based only on the limitations of due process imposed by the Fourteenth Amendment.

The three lawyers for the Defendants then offered their rebuttals. Here are the highlights: Grossman pointed out that the case law in the Fourth Circuit (Virginia is in the Fourth Circuit) required the court to apply the state’s long arm statute. Walker pointed out the misrepresentation by the Plaintiff with respect to the Stranahan declarations and cited their locations in the record. Bolling simply repeated the fact that Allen West didn’t say or publish what Gilmore claimed and that there was no evidence to support Gilmore’s claim.

The judge took the case under advisement, and we’re waiting for a ruling.

Stay tuned.

Team Kimberlin Post of the Day

Yesterday, I spent the morning listening to lawyers for a civil rights law clinic and a “constitutional advocacy” not-for-profit spin what seemed to be a set of false narratives in order to attack the civil rights of bloggers and other media people to freedom of speech and freedom of the press. I don’t have much patience with such behavior, especially after being on the receiving end of multiple LOLsuits from Team Kimberlin aimed at suppressing my free speech.

In my case, Team Kimberlin has not limited their false narratives to court filings. The TKPOTD from three years ago today dealt with one of their sillier attempts to smear me via a fictitious post at Breitbart Unmasked Bunny Billy Boy Unread.

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Most of the posts that have been memory-holed by Breitbart Unmasked Bunny Boy Unread are from the era when Bill Schmalfeldt was editor. Indeed, so much of the Cabin Boy’s™ work has been trashed, he’d be an unperson were it not for some of his recent comments to Bunny Boy’s posts.

OTOH, one can understand the embarrassment (and potential liabilities) that could stem from having posts like this on one’s website.BU20130415bombthreatThe post not only misrepresented Aaron Walker’s comment on the Boston Marathon Bombing, Team Kimberlin tried use the comment section to spin a tale connecting me to a bomb threat to a Carroll County courthouse. The following comment by “Texas Tim” took the post way over the top.

The Maryland/FBI Fusion Center is working overtime tonight and Aaron Walker and his patsy William Hoge would be naive to think that they are not getting a real hard look after what happened in Carroll County at 8:30 am this morning. Someone called the county saying that a bomb had been placed outside the Courthouse. This caused the District and Circuit courts to be evacuated and shut down for the entire day while bomb teams searched the area.

So what is making the Fusion Center focus on Walker and Hoge? Well, Hoge’s criminal charges against Rauhauser, Schmalfeldt and Kimberlin were scheduled to be dismissed at 9:00 am in that very Carroll County Courthouse. This, combined with Hoge/Walker’s recent attack on Howard County prosecutors, has some in the intel/LE community convinced that they are behind the bomb threat in order to get back at the Carroll County judges and prosecutors.

Walker and Hoge have a history of attacking anyone who does not agree with them, even for the smallest slight. Well, now that MO is coming back to haunt them.

And to think that Mr. Hoge was not even in the intel database a year ago…..

In fact, the Carroll County bomb threat was made by a Pennsylvania woman who had a court date for driving without a license. Carroll County Sheriff’s detectives quickly identified her, and she was arrested by police in Pennsylvania.

straight jacketAs bizarre as the Texas Tim comment seems, it’s really no more wacky that any of Brett Kimberlin’s other claims about Aaron Walker or me. According to his latest hallucinations, I’ve moved from being on that intelligence watch list to being an intelligence operative or contractor tasked with watching him.

I couldn’t make that kind of stuff up if I tried.

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Lying liars gotta lie.

And incompetent liars gotta get caught.