Grace’s Law 2.0 or Brett’s Bill?


Senator Robert Zirkin (D-Baltimore County) has introduced a bill to amend the section of the Maryland Criminal Law that was used to falsely charge me with a crime. Grace’s Law, Md. Crim. L. § 3-805(b)(2) which currently makes it a crime to use an interactive computer service to “inflict serious emotional distress” on a minor, was used by Brett and Tetyana Kimberlin to bring a charge of online harassment of a minor against me in 2015. They also filed a similar charge against Aaron Walker. Our “crime” was writing truthfully about the past and present activities of Brett Kimberlin, a convicted serial bomber and drug smuggler who has used the legal system to try to silence his critics. Kimberlin claimed that writing about him distressed his daughter.

The proposed revision is even more offensive to the First Amendment. If I’m reading it correctly, someone could face three years in prison for a single act of communication on the Internet that had the effect of placing someone if fear of harm to a parent, child, sibling, or spouse. Here’s the bill. Check it out.

If this were to pass, Kimberlin’s absurd claim that truthfully writing about someone can be criminalized would become the law in Maryland.

As I type this, the constitutionality of Grace’s Law is before the Maryland Court of Special Appeals. Perhaps the underlying statute will be struck down, but I’m not holding my breath.

I’ll report more on this bill as it moves through the Legislature and on the legal challenge to Grace’s Law as it moves forward.

Stay tuned.

Blognet


NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. A notorious anti-First-Amendment activist has sued a blogger for an alleged civil rights violation and subpoenaed information from a second blogger. Although the second blogger responded fully, he is now facing a motion for sanctions. Your job … find get the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual case. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end, from crime to punishment, Blognet is the story of the good guys in action.

MUSIC: Up and out. Continue reading

First Amendment Victory in California


A Kern County judge has ruled that the State cannot force a baker to design and bake a wedding cake for a same-sex couple.

The State cannot succeed on the facts presented as a matter of law. The right to freedom of speech under the First Amendment outweighs the State’s interest in ensuring a freely accessible market place.

The right of freedom of thought guaranteed by the First Amendment includes the right to speak, and the right to refrain from speaking. Sometimes the most profound protest is silence.

No public commentator in the marketplace of ideas may be forced by law to publish any opinion with which he disagrees in the name of equal access. No person may be forced by the State to stand and recite the Pledge of Allegiance against her will. The law cannot compel anyone to stand for the National Anthem. No person may be forced to advertise a state-sponsored slogan on license plates against their religious beliefs.

Read the whole thing.

In California! Whodathunkit?

Team Kimberlin Post of the Day


The Cabin Boy™ has been running off at the keyboard on teh Twitterz today.

Je parle français, mais je ne poste généralement pas dans cette langue.

2018 JAN 31 02:26:19 UTC page d’accueil
2018 JAN 31 12:43:34 UTC page d’accueil
2018 JAN 31 12:44:27 UTC team-kimberlin-post-of-the-day-1783
2018 JAN 31 12:44:58 UTC team-kimberlin-post-of-the-day-1783
2018 JAN 31 19:17:13 UTC page d’accueil
2018 JAN 31 19:18:14 UTC prevarication-du-jour-159
2018 JAN 31 19:19:55 UTC prevarication-du-jour-159
2018 JAN 31 19:22:33 UTC prevarication-du-jour-159
2018 FEV 01 01:31:09 UTC page d’accueil
2018 FEV 01 01:31:32 UTC prevarication-du-jour-159

Tout ce que …

Blognet


NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. An cyberbully can’t handle satirical pushback and has filed a DMCA takedown notice of parody image incorporating his face. The parody appears to be protected by the Fair Use doctrine. Your job … get the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual case. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end, from crime to punishment, Blognet is the story of the good guys in action.

MUSIC: Up and out. Continue reading

Team Kimberlin Post of the Day


Not all of the Gentle Readers have been following The Saga of Team Kimberlin since Day One. This TKPOTD appeared two years ago today to help latecomers understand a bit more of the backstory. It’s time to recycle it.

* * * * *

Brett Kimberlin is a convicted perjurer, drug smuggler, and serial bomber. He doesn’t like people talking about that, and for the past several years, he’s been trying to use the legal system to punish people who speak and write about him.

I started writing about Brett Kimberlin when I became aware of Lee Stranahan’s proposal for Everyone Blog About Brett Kimberlin Day. That blogburst was scheduled for Friday, 25 May, 2012, but I first wrote about Kimberlin a few days earlier in the context of his harassment of Stacy McCain’s family. From there, I picked up the story of Kimberlin’s harassment of Aaron Walker, initially focusing on the unconstitutional gag order that was a part of a peace order issued against Aaron. That order forbade Aaron from writing about Kimberlin or speaking about him publicly. Because I believe that ridicule is a powerful weapon against self-important jerks, I began referring to Kimberlin as Lord Voldemort (He Who Must Not Be Named).

As the to-and-fro of the lawfare went by, a Bloggers Defense Fund was created to assist with Aaron Walker’s legal expenses. Kimberlin responded by putting up a pirate-themed website called the Bloggers Offense Team. It was a failure, but it led me to begin referring to Brett Kimberlin as The Dread Pirate Kimberlin and his fanboys by similarly themed nicknames. (I did not come up with Cabin Boy Bill Schmalfeldt. Credit goes to commenter monitor2112 for that.) TPDK has also come to stand for The Dread Performer Kimberlin, The Dread Pedo Kimberlin, and The Dread Pro-Se Kimberlin—each of those has had some connection to his story as it has unfolded over the past three-plus years.

By the end of October, 2012, I had become a target of harassment by Team Kimberlin (as his supporters have become known) as well, and I received a SWATing threat. When that didn’t work, various bits of cyberharassment were tried. When those proved ineffective, a false criminal charge was filed. When the prosecutor dropped that charge for lack of evidence, the first of four frivolous lawsuits was filed. When the first lawsuit failed and the second lawsuit was on the skids, a bogus peace order and two more lawsuits were filed. When the bogus peace order petition was denied and the second lawsuit dismissed, false complaints were filed against my personal and business Twitter accounts and another false criminal charge was filed. When that second criminal charge was dropped for lack of evidence and my business Twitter account was restored, I was served with an abusive subpoena in the remnant of one of the lawsuits from which I’ve been dismissed and sanctions are being sought against me because I didn’t have what The Dread [insert title] Kimberlin wanted. And so it goes.

All this bullshit from Kimberlin boils down to an attempt at brass knuckles reputation management, and it keeps blowing up in his face—in part because I won’t be intimidated. He’s trying to use the legal system to prevent people from exercising their First Amendment rights to talk about him, his past, and his present activities. I don’t intend to let him get away with it. I will aggressively defend my First Amendment rights and support and assit others as they defend theirs.Molon_Labe

* * * * *

Murum aries attigit.