It was seven years ago yesterday that the Naffe v. Frey SLAPP lawsuit was dismissed. That was the first of the Kimberlin-related federal lawsuits filed against a blogger, Patrick Frey who blogs as Patterico. This post from seven years ago today provided a wrap up of the case.
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(Bumped. Originally posted 19 April, 2013) Stay tuned for more details. Meanwhile, congratulations to Patrick Frey and his lawyers, Ken White and Ron Coleman.
UPDATE—The noted legal blog Breitbart Unmasked (No, I won’t link to it.) predicted that
[w]e expect Frey will have more success winning the case in his blog than in court[,]
but he seems to have been successful in court after all.
UPDATE 2—Ken White has a post at Popehat with details. Note that Ken White is a great friend of the First Amendment who has worked to defend Patrick Frey, a man with whom he often strongly disagrees.
UPDATE 3—From the Popehat commentary:
Observing commentary on the case has been . . . interesting. I’d divide the coverage into three camps. There are people who are supportive of Patrick, but whose coverage really doesn’t delve into the legal issues. There are the vapid and dishonest partisan hacks who attack Patrick for political reasons, and who don’t address the legal issues at all. There’s the greasy, demi-literate, demented Hutt who wrote an extended quasi-sexual fantasy about a mob murdering Patrick and me. Fun!
UPDATE 4—Patrick Frey has comments on the case here. Among his remarks he says this:
Hi, Bill Schmalfeldt! I understand you were curious about the result of this case. I’m happy to be sharing that with you! And, your sick, twisted fantasies notwithstanding, nobody has yet beaten me or Ken with baseball bats or tire irons. No group of men has thrown us in front of a moving truck as part of a conspiracy to cause our deaths. (If you think I am exaggerating, I have uploaded a .pdf of Schmalfeldt’s violent fantasy here.)
In the interest of balance, I will make a one-time exception and publish these excerpts from a comment Mr. Schmalfeldt attempted to make to this post:
I find it interesting that you go through such lengths to find a single post from a blog to prove “wrong” …
Schmalfeldt goes on to discuss the relative merits of other legal matters, and ends with these words:
I know, I know, this comment will never appear on your blog. But YOU will see it, and in your heart you will realize what a totally disgusting fraud you are. And you will have to live with that.
I’ll let Phaedrus have the last word.
Whoever is detected in a shameful fraud is ever after not believed even if they speak the truth.
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Naffe was represented by counsel. The Team Kimberlin pro se litigators didn’t do any better.