Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin represented the Dread Deadbeat Performer Kimberlin in a LOLsuit against the U. S. Bureau of Prisons. The TKPOTD from six years ago today described the case.

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In November, 1997, Brett Kimberlin filed a complaint because the Bureau of Prisons would not allow him to play music on an electric guitar. An amendment in the Budget Act had banned the use of electric and electronic instruments in prisons except during worship services. The U. S. District Court in D. C. decided his case (in favor of the BOP) in late May, 2001, just a couple of weeks before his second release. The following is from the court’s decision [Kimberlin and Rice v. U. S. Department of Justice and Bureau of Prisons, 318 F.3d 228 (2003)]:

Plaintiffs assert that an acoustic guitar is not equivalent to an electric guitar. According to plaintiff Kimberlin, it is impossible for him to play his songs on an acoustic guitar. He is not able to make long, sustained notes. Also, he cannot perform a technique called “vibrato” because the strings on an acoustic guitar will not bend or sustain like those on an electric guitar.

Notwithstanding, BOP has not prohibited all musical expression, only the use of electrical instruments. An active music program and other informal means of musical expression still exist. Plaintiffs contend that an electric guitar is essential to their musical expression. Thus, they argue, banning this instrument is an absolute ban on their musical expression. Plaintiffs are incorrect in asserting that music created by an electric instrument is a distinct expression protected by the First Amendment. This Court has not found, and plaintiffs do not cite, any cases addressing this proposition. Accordingly, the issue is whether BOP’s policy impermissibly limits a prisoner’s First Amendment right to express himself through music by banning one of several mediums by which a prisoner can musically express himself.

Plaintiffs argue that to require them to express themselves musically on an acoustic instrument would be akin to requiring rap musicians to sing ballads, or Muslim prisoners to attend Catholic religious services. Plaintiffs insist that they cannot perform their music on acoustic instruments.

Plaintiffs are free to express themselves musically using other instruments, such as an acoustic guitar. Like the prisoners in Amatel, plaintiffs are only limited, not deprived. They can perform music written for an electric guitar on an acoustic guitar. This is not the same as expression on an electric instrument, but it is certainly an alternate to such expression. Moreover, plaintiff Kimberlin has stated that he has written a song which he can hear in his mind, but cannot perform, edit, polish, or get feedback. He may discuss the notes, lyrics, and ideas with others as a means of expressing himself through his music and getting feedback. Again, this is not the same as playing the electric guitar, but it is an alternate that allows him to express himself musically.

Well, like a group of real musicians once said:

No, you can’t always get what you want,
But if you try sometime, you just might find
You get what you need.

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Given the lack of of success that The Dread Deadbeat Performer Kimberlin has had with his attempts at a musical career (as evidenced by “music” videos on YouTube, the Bureau of Prisons might have wound up with suits from other prisoner raising Eighth Amendment issues if Kimberlin’s LOLsuit had been successful.

Team Kimberlin Post of the Day


This appeared in my Twitter Notifications yesterday—I went over to MySpace (yes, it’s still on the web) and checked out the Op-Critical (Brett’s most recent band) songs posted there. While I was able to see the web pages for them, I couldn’t get any of them to play. All were posted during the 2003 to 2012 period supposed to be affected.

BTW, the times played listed for every one other of the songs I checked were all the same. Karma seems to be catching up with The Dread Deadbeat Performer Kimberlin.

Team Kimberlin Post of the Day


Lying liars gotta lie, and that explains the bulk of the nonsense that The Dread Deadbeat Pro-Se Kimberlin has put out in support of his lawfare. The TDPOTD from four years ago today cataloged this set of lies.

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Here’s an interesting claim from one of Exhibit 7 of The Dread Pro-Se Kimberlin’s omnibus opposition to the motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness. ECF 231 EX7-9The SAC (that’s the second amended complaint) alleges that the mythical RICO enterprise began picking on Brett in August, 2010, although it doesn’t mention any specific acts occurring until October. So what sort of “social causes” was The Dread Performer Kimberlin “highlighting” before August, 2010? Well, in March of that year he was promoting teenage love with werewolves.Op-Crit Tweets

As for TDPK’s claim that he was unable to produce songs and videos after August, 2010, Freakin Frackin was posted to YouTube on 12 January, 2011; Occupy Music Video: Anonymous was posted to YouTube on 17 June, 2011; Coal Miner’s Family was posted to YoutTube on 5 December, 2012; and that’s not a complete list of TDPK’s work published online since 2010.

The most amazing things about Brett’s lying is how clumsy he is with it. You’d think that after all those years of practice, … oh, never mind.

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The Twilight Angel video is still up on YouTube. I don’t recommend listening to it unless you have a large quantity of industrial-strength weapons-grade ear bleach available.

The Gentle Reader who is familiar with The Dread Deadbeat Performer Kimberlin’s background may draw his own conclusions about why Op-Critical might put out a music video related to a movie targeted at underage girls.