Team Kimberlin Post of the Day

AFAIK, Team Kimberlin has never had any issues with pronouns, but I’ve had to instruct them on several occasions about other parts of speech. This post about Prepositions 101 ran nine years ago today.

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I’m kinda tired after a long weekend of outdoor activity combined with extended time behind a microphone, but before I take a nap I want explain the definition of a few words. They first two are prepositions.

about on the subject of; concerning: The article was about yellow fever.

to identifying the person or thing affected: He wrote a letter to his friend.

It is possible to talk or write about someone without speaking or writing to him. Bill Schmalfeldt writes a good bit about me. For a long time, he also addressed his writings to me. Those writings addressed to me were annoying and, in some instances, alarming. I asked him to stop directing his writings to me. He did not. A court has ruled that Bill Schmalfeldt was harassing me through those writings addressed to me and has ordered him to stop.

He still writes about me. That’s his right under the First Amendment so long as he steers clear of threats or defamation. Because I have an interest is some of the things he writes about other people, I read Bill Schmalfeldt’s blogs and tweets from time to time. During a lunch break today, I took a look at one of his sites, and as I was finishing, I went to click on a WordPress.com tab on my browser. I was a bit sloppy and clicked the Following button for his site.opps

I quickly unfollowed him, but he received an auto-generated message announcing me as a follower. I suppose the excitement of actually having a follower got to him because he immediately got out a post about it.

Given his quick reaction time to posts I’ve made, I assume that one of my 443 followers on WordPress is one of the Cabin Boy’s sock puppets.

And now for an adverb.

away conceptually to one side, so as no longer to be the focus of attention: I wish Bill Schmalfeldt would go away.

And now to catch up on some sleep.

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The Cabin Boy’s™ (at)portlypundit account on Twitter actually has 4 followers.

Team Kimberlin Post of the Day

Team Kimberlin was not happy with my reporting on their cyberharassment, so they include my among their targets. They were even more unhappy when I began to take steps to hold them accountable for their actions. This post from nine years ago today, #BillSchmalfeldt, Anti-First-Amendment Troll, dealt with the beginning of the Cabin Boy’s™ months long failed effort to overturn the first peace order issued against him.

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Bill Schmalfeldt has been whining about his loss in court last Friday, claiming that it’s the end of Twitter and online journalism. He has misrepresented both the law and the terms of the peace order in the process.

Saturday afternoon, Schmalfeldt spewed forth several tweets which appear to be an attempt to use the same failed tactic that Brett Kimberlin tried last year to silence some of his critics. Aaron Walker has posted this response. The members of Team Kimberlin and its enablers would be well advised to read Mr. Walker’s post and consider his analysis of the situation.

Let me state this one more time: I fully support Bill Schmalfeldt’s First Amendment right to write whatever he wishes about me so long as he stays within the law’s usual limits regarding threats and defamation. However, I do not wish for him to contact me, attempt to contact me, or harass me, and I will seek enforcement of the peace order if I believe that it has been violated.

UPDATE—The Cabin Boy tweets that he was only being sarcastic or satirical, that he was making an attempt at humor rather than making a threat.

Hmmmm.

Like a madman who throws
Firebrands, arrows and death,
So is the man who deceives his neighbor,
And says, “Was I not joking?”

—Proverbs 26:18, 19

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Indeed, most of Schmalfeldt’s humor hasn’t been very funny.

Team Kimberlin Post of the Day

Team Kimberlin has often responded to truthful reporting with feeble attempts to harass and intimidate. This post On Decorum from seven years ago today dealt with one example.

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I’ve been informed that Bill Schmalfeldt has made a claim that I have stated that avatars depicting relatives of members of Team Kimberlin are not permitted here at Hogewash!. I have no recollection of such a rule, and a search of the entire blog history using multiple keywords confirms my memory. Thus far, I have not exercised any editorial control over the avatars used by commenters. I find some avatars very inappropriate, but I have limited my censorship to the words or images contained within comments.

The Cabin Boy™ is threatening to allow publication of inappropriate avatars using Mrs. Hoge’s likeness. Since I’m not sure that the Gentle Readers grasp the level of filth that might be involved, I’ve decided to post this link to a sample of some of the milder images of my family members that I’ve received from Team Kimberlin over the past month. Even if the Cabin Boy™ limits himself to those sorts of images, he’ll still be digging himself a deeper hole.

I’ve been advised by several friends to ban commenters with inappropriate avatars. I’m not inclined to do so. I hope that I don’t have to change my mind.

UPDATE—I’ve been sent a link to a comment that has been posted on the Cabin Boy’s™ latest blog. The comment consists of a link to an image of the sort I don’t let through moderation or trash as soon as I find it.

It’s no surprise that Schmalfeldt is letting more of his depraved ugliness show.

UPDATE 2—I’m informed that the comment discussed above has been deleted. That was a wise choice.

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Ugly cuts straight to the bone.

Team Kimberlin Post of the Day

It was back in February, 2013, that I started efforts to hold members of Team Kimberlin accountable for their harassment. Nine years ago today, Cabin Boy #BillSchmalfeldt’s Fevered Imagination got the better of him.

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Based on a tweet that Cabin Boy Bill Schmalfeldt sent me today (after I had asked him not to communicate directly with me), he seems to think that he is being victimized by a “right wing mafia cabal.”

Humph! What nonsense.

Mafia? Sicilians? No way. I’m of Scottish heritage. My ancestor William Hoge immigrated from Musselburgh in 1680. If I remember correctly, Aaron Walker’s family roots are in Scotland as well. Stacy McCain’s name definitely sounds Scottish.

Wha daur meddle wi me?

UPDATE—From the posse that seems to be forming in the Comments, CBBS had better make sure that he doesn’t see Birnan Woods coming to Elkridge.

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He failed to heed the warnings. He’s still only made a down payment on the price.

Team Kimberlin Post of the Day

One of the ways that Team Kimberlin has tried to harass its perceived enemies is by contacting third parties (employers, friends) with lies. In one case that I wrote about six years ago today, Bill Schmalfeldt tried Appealing to a Higher Authority.

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NQ201601220042ZI’m not surprised that a religious person would make his spiritual advisor aware of a stressful problem such as ongoing harassment from the Cabin Boy™. I’d be more surprised if Patrick Grady hadn’t sought spiritual support from his church family. I have from mine. Bill Schmalfeldt has no idea how many people are praying for him and the people he harasses and for justice.

The Cabin Boy™ claims to be a Catholic. I wonder how long it’s been since he went to confession and actually confessed?

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After Kimberlin’s initial victory getting Aaron Walker fired by frightening his employer with the possibility of terrorist violence because of Aaron’s involvement with Everybody Dray Mohammed, we been wise to the tactic and have worked vigorously to make sure it failed every time since.

Team Kimberlin Post of the Day

One of the way I could tell that a particular bit of coverage had gotten under Team Kimberlin’s skin was an increase in lame attempts to harass or insult me or members of my family. Their efforts always backfired on them. Bill Schmalfeldt’s effort seven years ago today was crazy I told him Feel Free to Make a Bigger Fool of Yourself.

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Here’s one of the Team Kimberlin comments so far this afternoon.TK210501191932ZGo ahead. Post the stuff on Facebook. Mrs. Hoge’s friends all know her and will be certain that the she isn’t the source of any of your filth. While you’ll disgust some people, you won’t embarrass her. You’ll simply show yourself to be a creeptastic fool.

You’re gonna need a good-sized bandage for you own foot.

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Emails about me sent to Mrs. Hoge’s colleagues on the Forestry Board, some of whom were state employees, wound up attracting the attention of a law enforcement agency. But that’s another story.

Team Kimberlin Post of the Day

Team Kimberlin never had control of their narrative as soon as a few bloggers began paying attention. They couldn’t find a way to spin coverage in their favor. Eight years ago today, I wrote about how their efforts were Spinning Out of Control.

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As a pilot, I can tell you that a spin is something to be avoided. It can be hard to recover from, and loss of control will result in a crash. Team Kimberlin and its fanboys and enablers seem to be spinning out of control in their reaction to the peace order extension issued last Monday against Bill Schmalfeldt.

The order simply requires Schmalfeldt to refrain from contacting, attempting to contact, or harassing me.

Most of the brouhaha is Team Kimberlin’s misrepresentation of Judge Stansfield’s findings with respect to Twitter and what constitutes contact under the terms of Maryland’s harassment statutes and the peace order he issued.

Notice that I wrote statutes. Plural. Maryland has two laws that are applicable. The first is the general harassment statute which deals with any intentional course of conduct that seriously annoys, alarms, or harasses the victim and that continues after the perpetrator has been told to stop. This is the statute that Schmalfeldt was found to have violated. The fact that his course of conduct involved tweets was incidental to that finding. It was his conduct and not the particular means of delivery that was the issue. In the context of Schmalfeldt’s behavior, the judge found that Schmalfeldt’s tweeting @mentions and @replies using @wjjhoge was a part of his method of harassing me. Harassing me. Not contacting me. But he was ordered to stop doing both.

Maryland also has a law aimed specifically at harassment via electronic communications. It allows for an enhanced criminal penalty when harassment is conducted by means of data (text, photos, whatever) sent to and received by a specific person. During the October hearing on Schmalfeldt’s motion to modify the order and during last Monday’s hearing on the extension, the judge found that using an @mention or @reply caused Twitter to deliver the tweet containing it to a particular account, the account of the user mentioned. That means that someone who was uses @mentions or @replies to engage in a course of harassing conduct could be charged under both laws, electronic harassment for a possible enhanced criminal penalty and harassment in general to enable a peace order to be issued. Specifically, Judge Stansfield found that Schmalfeldt’s 470 tweets containing @wjjhoge or @hogewash were contact that I should not have received under the terms of the peace order.

(I note that the three pornographic images entered into evidence were found to be harassment but not contact, and also good cause to extend the peace order. Although they were tweeted, the versions entered into evidence were from websites. Schmalfeldt’s harassment of me has not been limited just to Twitter.)

This doesn’t cause any real change in how the First Amendment relates to harassment. Harassment isn’t protected speech. What it does is to make it clear that Twitter is not a safe harbor for harassers under Maryland law. Twitter users will be held to the same standard in that forum that would they be writing in a newspaper or speaking on a street corner.

Is that so bad?

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There are still some open issues with Team Kimberlin which haven’t been dealt with. Yet.

Team Kimberlin Post of the Day

I was the first person to be able to hold Bill Schmalfeldt accountable for his cyberharassment undertaken on behalf of Team Kimberlin by securing a peace order against him. Of course, he continued his thuggery, so eight years ago today, there was a hearing that resulted n the peace order being extended for six months. I wrote about the hearing in a post titled What I Saw in Court Today.

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I was called to the stand by my lawyer Zoa Barnes, and we presented evidence of Bill Schmalfedlt’s violations of the existing peace order. The peace order requires that Schmalfeldt not contact, attempt to contact, or harass me. We presented evidence of over 470 times that he contacted me after the order was issued. We presented evidence of at least one attempt to contact me through third parties. We presented evidence of harassment in the form of three pornographic images Schmalfeldt created using my likeness. Even dealing with lots of objections, that only took about 20 minutes.

I spent the next hour on the stand being cross examined by Schmalfeldt. Most of that hour was taken up by his ranting rather than actually asking me questions. He tried to get the court to consider many of the legal theories he had offered before. The result is best summed up with the word res judicata. At one point Schmalfeldt asked me what I thought would happen if the the peace order were extended. I replied that I expected that he would continue to violate it until it was enforced.

When Schmalfeldt tried to bring up the Attorney General’s opinion letter, Judge Stansfield quoted a Court of Appeals decision back to him that said that the Attorney General’s opinion is just one lawyer’s opinion.

After my grilling on the stand, we rested my case, and the court took a brief recess. When we were called back, Schmalfeldt tried to make his case. He was sworn and offered some testimony.

During her closing argument, Zoa Barnes made the point that if the order were extended and Schmalfeldt were to violate it, we would be back with a motion for contempt seeking jail time.

Judge Stansfield granted the six-month extension of the peace order. In doing so, he found that the 470 tweets that I had received between noon on 16 October and last night were contact that I should not have received under the existing peace order. He also found that the pornographic images were harassment sufficient to permit the order to be extended.

That’s what happened today.

Oh, one more thing …

Brett Kimberlin drove Bill Schmalfeldt to the courthouse today. What appeared to be the same silver Toyota Highlander photographed at BlogBash was parked at the courthouse.

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BTW, one of the pictures of me he used to create those pornographic images was taken when I was 17.

18 USC § 2252 has no statute of limitations.

Team Kimberlin Post of the Day

After I filed one of several complaints about unwanted contacts from Bill Schmalfeldt while he was subject to a Peace Order, a District Court Commissioner charged Schmalfeldt with misuse of electronic communication or interactive computer service. The State’s Attorney eventually declined to prosecute the case, but while it was pending Schmalfeldt kept insisting that (a) mentioning someone on Twitter was not a form of contact. Eight years ago today, I put up this post discussing The Elements of one of the acts prohibited by Maryland Criminal Law § 3-805,

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In order to establish that a law has been violated, one must show that all of the elements of the crime have been committed. What are the elements of the Maryland crime of misuse of electronic communication or interactive computer service?

One of the acts prohibited by Maryland Criminal Law § 3-805 is (1) the use of any means of data transmission (2) via a computer or other electronic means (3) to send that data to a person (4) who receives that data (5) for the purpose of engaging in course of conduct (6) that alarms or seriously annoys another (7) with the intention to harass, alarm, or annoy the other person (8) after being told to stop and (9) without a legal purpose.

1. Does Twitter transmit data? Yes.

2. Does the transmission go via a computer or other electronic means? Yes.

3. Is the data sent to a particular person? If @useraccount is used, Yes.

4. Does the user receive the data? Yes. It arrives in his Interactions and/or Mentions pages.

5. Does a course of conduct exist? If no more than an isolated tweet is involved, probably no. If a sustained flow of tweets is involved, yes.

6. Does the data contain anything alarming or seriously annoying? If it’s petty name calling, probably no. If it’s threats to file criminal charges, probably yes.

7. Does the course of conduct demonstrate an intention to harass, alarm, or annoy? If it contains threats to file criminal charges, probably yes.

8. Was the data sent after being told to stop? A warning from the bench by a District Court judge is notice to stop. A peace order is notice to stop.

9. Was the data sent without a legal purpose? Communication or harassment in violation of a peace order is illegal.

The examination of the elements of this crime with respect to the behavior of certain persons using Twitter is left to the Gentle Reader as an exercise.

Speaking of “The Elements” …

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It has been suggested that the elemental particle of Team Kimberlin is the moron.

Team Kimberlin Post of the Day

It was eight years ago today that I was able to publish this post In Re Schmalfeldt v. Hoge.

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The Maryland Court of Appeals has denied Bill Schmalfeldt’s petition for a writ of certiorari. This leaves the peace order issued against him in place.

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And so with the able assistance of my lawyer Zoa Barnes I was able to be the first of several people to hold the Cabin Boy™ responsible for his cyberthuggery.

Team Kimberlin Post of the Day

Today is the ninth anniversary of my first post about Brett Kimberlin. It was titled No Thugs Zone.

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Fellow blogger and Maryland resident Stacy McCain has had to move his family out of the state because of threats related to blogging about Brett Kimberlin. He is not the only blogger suffering abuse from Kimberlin.

Mr. Kimberlin was unwise in choosing to pick a fight with the blogosphere. He is likely to find that, while we don’t always agree with one another, we have each other’s backs when the freedom of the Internet is threatened. Mr. Kimberlin and those who have supported him (I’m looking at you, Ms. Streisand [dead link]) have bitten off more than they can chew. The pushback is just beginning.

UPDATE–The McCain family is having a ton of unforeseen expenses because of their sudden move. I just hit his tip jar. Why don’t you?

UPDATE 2–Expect more, a lot more, about this on Friday.

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I’m not through with him yet.