The First Amendment, the Fourth Amendment, Sexual Harassment, and the TSA


There’s nothing new under the sun. This tweet deals with an incident that occurred in 2011.While the fizzled attempt at lawfare wasn’t a government act, the “search” was.

Here is Ms. Alkon’s OC Register Op Ed.

Here is the Tech Dirt post.

UPDATE—Introductory paragraph added. It will be interesting to see how future such incidents play our in the post-Weinstein era.

Why I Blog


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.

Team Kimberlin Post of the Day


Grumble. We’re still waiting for news in pending Team-Kimberlin-Related court cases. Four years ago today, I posted this Statement on Fund Raising related to the first Kimberlin LOLsuit, Kimberlin v. Walker, et al.

* * * * *

Brett Kimberlin is suing a group of bloggers that includes me for a million bucks because we have published truthful information and constitutionally-protected statements of opinion about him. Aaron Walker, one of the bloggers named in the suit, is a lawyer, and he is being sued for offering legal advice to Kimberlin’s victims.

Gentle Reader, can you think of any rights more important than your First Amendment right to free speech or your Sixth Amendment right to legal counsel?

Neither can I.

Kimberlin and his cronies have been engaging in lawfare for years now, and it’s time to put a stop to it. We need to defeat his bogus lawsuit because, if we don’t, there will be no end to his harassment of others. You can help us. Go to BomberSuesBloggers to learn how. [We won the LOLsuit back in 2014, so we’re no longer raising money to fund our defense.] If you decide to donate to the defense fund, you should know that I will never see one cent of the money raised. The proceeds will go to paying the substantial costs of defending the suit. Yes, I am represented by a pro bono lawyer, but there will still be filing fees, deposition costs, etc.

If you want to support this blog directly, hit my Tip Jar or use the Amazon shopping link on the Home page.

UPDATE—Stacy McCain points out that if we don’t defeat this suit, it’s possible that Kimberlin might sue you.

* * * * *

As if to prove Stacy’s point about Kimberlin’s eagerness to engage in lawfare, The Dread Pro-Se Kimberlin filed his Kimberlin v. The Universe, et al. RICO Madness LOLsuit the next day after my post was published.

Yours Truly, Johnny Atsign


SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

PRODUCER: (Telephone Filter) Johnny, I just forwarded an email to you. Take a quick look at it. We need to figure out how it impacts the next episode.

JOHNNY: Hang on. I’m pulling it up now.

SOUND: Mouse clicks.

JOHNNY: (Low whistle) Wow! Is this for real?

PRODUCER: (Telephone Filter) That’s what I’m asking you. I’m pretty sure it really is from [redacted] because it decrypted properly with his public key.

JOHNNY: Well, this could certainly be a possible consequence of some of the leads that we’ve passed on to them. If it’s true, we should probably hold the episode scheduled for today.

PRODUCER: (Telephone Filter) That’s what I was thinking.

JOHNNY: Let’s play it safe. Recycle something this evening. I should be able to verify this within a few days. If it’s as sensitive as we think, then we’ll have done the right thing. If it isn’t, we can run the episode next week.Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

GRAYSON: (Telephone Filter) Johnny, you’re not gonna believe this. Or, on second thought, maybe you will.

JOHNNY: Try me.

GRAYSON: (Telephone Filter) The Grouch has filed a peace order petition against me.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

MUSIC: Theme up to music out. Continue reading

Qapla’


The Court of Special Appeals has ruled in the appeal of the Kimberlin v. National Bloggers Club, et al. (II) RICO Remnant LOLsuit. The defendants win. Brett Kimberlin loses.

Everything proceeded as I foresaw.

UPDATE—I’d like to offer my thanks to Patrick Ostronic, my pro bono counsel, for his help in this case.

Don’t Know Much About History


Nancy Pelosi has recently said that the National Park Service should deny a permit to a group she opposes rather than let them “spew forth their venom.” She says that the Constitution doesn’t allow one to “yell wolf in a crowded theater.” David French has a piece over at NRO that looks at how her misquoting Oliver Wendell Holmes, Jr., shows her ignorance of constitutional law and our country’s history. (The fire in a crowded theater comment is dicta found in Schenck v. U.S. which is no longer good law. Brandenburg v. Ohio is now the proper standard.)

Mrs. Pelosi has also called for Speaker Ryan to remove statues of Confederates from the Capitol, something she failed to do when she was Speaker of the House. (She did order the statue of Robert E. Lee moved to a less prominent spot and his old spot given to a statue of Rosa Parks.) OTOH, at least she didn’t dedicate any such statues—as her father did when he was Mayor of Baltimore. AFAIK, she’s failed to make any public comments concerning her family’s history related to Confederate monuments.

One more thing … Because it will come up, here’s my opinion on Confederate monuments:

I grew up in the South. One of my great-great-grandfathers served as an officer in the Confederate Army. Another great-great-grandfather was a slaveholder. What both of them did was wrong, and I like to believe that I would have been among the substantial minority of Tennesseans who opposed secession and supported the Union.

The monuments that were built by people with a living memory of the war should probably be left alone as historical artifacts. However, later monuments erected as pushback to the 20th-century civil rights movement should have no such protection. If, for example, Baltimore decides to remove the Lee-Jackson monument Nancy Pelosi’s father dedicated in 1948, I would be inclined to believe that city was making a wise choice.