Team Kimberlin Post of the Day


In June, 2013, the Circuit Court for Carroll County issued a peace order against Bill Schmalfeldt requiring him to refrain from contacting me in any way for six months. On the evening of 7 July, 2013, I checked my Twitter timeline and found a tweet which I published as the TKPOTD five years ago today.

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Contacting me via that tweet started the chain of events leading to the first of a half-dozen or so charges (over 360 counts) of failure to obey a peace order and harassment being issued against Schmalfeldt by District Court Commissioners. It was also the first of almost 500 instances of unwanted contacts that led the Circuit Court to renew the peace order in December, 2013.

The real pushback against the Cabin Boy’s™ cyberthuggery was beginning. Within a year, he would have filed and withdrawn his first LOLsuit against bloggers and commenters who wrote truthfully about him and his activities. It’s been downhill for him ever since, and I not through with him yet.

Team Kimberlin Post of the Day


Back in March, 2013, The Dread Deadbeat Protestor Kimberlin called up the venue hosting BlogBash and threatened that a “fiery imam” would lead a massive protest of the event if it was not cancelled. Kimberlin’s protest fizzled, and he was reduced to publishing a few pictures taken across the street from the event in Breitbart Unmasked Bunny Billy Boy Brett Unread. The TKPOTD from five years ago today deals with one of the sock puppet comment that appeared on BU.

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I’ve been blessed to have a great deal of forensic help in reviewing physical and other evidence for my upcoming court cases. One of the analysts noticed the following claim in a comment to a post about the recent BlogBash made by someone calling himself “Texas Tim”:

First, thanks to the terrific staff at the Prince George’s Police Department who worked closely with me and my wife regarding security and protests. We came to an agreement on Wednesday not to protest in exchange for a promise of a large police presence at the scene.

Now, let me see if I have this straight. Some guy from Texas was organizing the protest for an event in Maryland. And he worked out a deal about protest vs. police presence. Really? I haven’t found anyone with the PG County Police who was aware of such an arrangement. Perhaps Tim can provide a name and/or badge number.

Tim says that he’s from Texas. Originally? Or did he just live there for a while—say, in the Corpus Christi area for a year or so in the 1979/80 time frame?

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The 2013 posts about BlogBash are still up at BU. Considering how some other posts that have gone down the memory hole, it’s surprising that The Dread Deadbeat Publisher Kimberlin hasn’t removed them. He really should.

Perhaps his mind is on other things.

Did I mention that I’m not through with him yet?

Team Kimberlin Post of the Day


The TKPOTD from dealt with The Dread Deadbeat Pro-Se Kimberlin’s projection of harassment and false narratives onto the targets of his vexatious LOLsuits.

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Harassment and False Narratives are two of the recurring themes in The Dread Pro-Se Kimberlin’s pleadings he files in all his vexatious lawsuits. He’s now filed what he hopes will be his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness, and both Harass/Harassment and False Narrative(s) appear throughout the 80+ pages of the document.

Care to guess how many times each appears?

To see the answers click “Continue reading.”
Continue reading

Team Kimberlin Post of the Day


As a result of a false Application for Statement of Charges filed by Brett Kimberlin in July, 2013, Aaron Walker was charged with harassment under Maryland Criminal Law § 3-803. The charge was subsequently dropped by the Montgomery County State’s Attorney. Brett Kimberlin drafted and Tetyana Kimberlin filed a second false Application for Statement of Charges in May, 2015, which resulted in Aaron being charged with online harassment of a minor under Maryland Criminal Law § 3-805(b)(2). Again, the charge was dropped by the Montgomery County State’s Attorney. Aaron has sued both the State and the Kimberlins. The case against the State was dismissed when the Circuit found that the laws used to charge Aaron were constitutional. Aaron’s appeal is now before the Maryland Court of Special Appeals.

Aaron asserts that the laws are unconstitutional. First, they punish speech protected by the First Amendment. Second, they attempt to regulate the Internet, something federal courts have ruled is the exclusive province of Congress, not the states.

The Supreme Court has repeatedly ruled that the government cannot regulate the content of speech based on a listener’s being annoyed or feeling offended. This was reaffirmed last year in Matal v. Tam, 582 U.S. ___ (2017). Incitement of violence (Brandenburg v. Ohio, 395 U.S. 444 (1969)) or actual threats (Virginia v. Black, 548 U.S. 343 (2003)) may be punished, but the Maryland statutes go beyond the bounds set by the Supreme Court. Rather than give my layman’s explanation, here is the amicus brief that Eugene Vololkh filed in support of Aaron’s appeal. Read it.

The Illinois Supreme Court recently struck down that state’s harassment statutes following legal reasoning similar to Prof. Volokh’s and Aaron’s.

Of course, the Illinois decision is not binding on the Maryland Court of Special Appeals, but it may be persuasive.

IANAL, but it seems to me that the main failing of both Maryland statutes is that they can be read to outlaw even truthful public speech about someone if the person is “alarmed” or “annoyed.” It might be possible for the Legislature to rewrite the harassment statute to limit it to apply strictly to speech addressed to a specific individual. When I sought peace orders based on the harassment statute, my petitions were based on speech specifically address to me. That about v. to distinction, or rather the lack of it, is what led the U.S. District Court here in Maryland to find a portion of the Violence Against Women Act unconstitutional as applied to the defendant in the Cassidy decision. 814 F. Supp. 2d 574 (2011).

Again, IANAL, but I don’t see any way that § 3-805 should survive because it infringes on Congress’ sole prerogative as regulator of the “instrumentalities of interstate commerce.” U.S. v. Lopez, 514 U.S. 549, 559 (1995). The federal courts have consistently viewed the Internet as an instrumentality of interstate commerce and as off limits to state regulation. American Libraries Ass’n v. Pataki, 969 F.Supp. 160 (S.D.N.Y. 1997). PSINet, Inc. v. Chapman, 362 F.3d 227 (4th Cir. 2004).

The case in now in the court’s hands. We’ll see how the three-judge panel rules.

UPDATE—2018 JAN 04 05:04:00 UTC tag/federal-preemption
2018 JAN 04 05:04:02 UTC tag/maryland

UPDATE 2—A commenter requested that I post this for reference:

MARYLAND CRIMINAL LAW 3-805

Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Electronic communication” means the transmission of information, data, or a communication by the use of a computer or any other electronic means that is sent to a person and that is received by the person.
(3) “Interactive computer service” means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a system that provides access to the Internet and cellular phones.
Prohibited
(b)(1) A person may not maliciously engage in a course of conduct, through the use of electronic communication, that alarms or seriously annoys another:
(i) with the intent to harass, alarm, or annoy the other;
(ii) after receiving a reasonable warning or request to stop by or on behalf of the other; and
(iii) without a legal purpose.
(2) A person may not use an interactive computer service to maliciously engage in a course of conduct that inflicts serious emotional distress on a minor or places a minor in reasonable fear of death or serious bodily injury with the intent:
(i) to kill, injure, harass, or cause serious emotional distress to the minor; or
(ii) to place the minor in reasonable fear of death or serious bodily injury.

Legal LULZ Du Jour


The Gentle Reader who has been following The Tale of <sarc>Brave</sarc> Sir Robin William for a while has probably noticed how often he claims that his adversary du jour is lying and will surely be facing perjury charges. For example, when I opposed his (later denied) motion to modify the first peace order slapped on him, he claimed to have found 24 lies in my lawyer’s opposition and tweeted this—That his motion was denied and the peace order later extended should be a hint to the Gentle Reader as to who the court found was telling the truth and who the court believed wasn’t.

Immediately after the December, 2013, hearing renewing the first peace order, The Dreadful Pro-Se Schmalfeldt went to the District Court Commissioner in Westminster and filed an Application for Statement of Charges against me for perjury during the hearing. The Commissioner declined to charge me.No, the Cabin Boy’s™ arsenal includes much more than stalking and harassment. False accusations of perjury are among his many weapons. And running away in the end.

Team Kimberlin Post of the Day


The Dreadful Pro-Se Schmalfeldt insists on making his opponent’s case.TheMerryWidower201511162292ZThe alleged email from Lynn Thomas attached to that tweet contains a no-contact request. At the very least, that tweet prevents the Cabin Boy™ from saying that he never received such a request from Mrs. Thomas.

However, it is more likely that the text of the email is a forgery. The style of writing is very much unlike Mrs. Thomas’s, but it is quite like the Cabin Boy’s™. Indeed, Mrs. Thomas would be unlikely to refer to herself as an “obviously ill woman,” and she would be unlikely to use the term DUMBFUCK, even to describe the Cabin Boy™. Moreover, the Cabin Boy™ has a track record of altering documents, and there appear to be technical inconsistencies between the text and header of the alleged email. Also, there is a piece of evidence external to the email that makes if extremely unlikely that Mrs. Thomas could be the author. It will be interesting to see how the Cabin Boy™ tries to talk his way out of the mess he’s created for himself.

If, as I believe, the alleged email is a forgery, the Cabin Boy will not enjoy the consequences.

UPDATE—A second forensic analysis of the images posted confirms the opinion that the text of the email is a forgery.

Day Off Cancelled


I was going to give Team Kimberlin a day off for Thanksgiving, but circumstances alter cases. I went to bed very early last night, so the call that came in at 8:52 went to voicemail. I didn’t listen to it until I was drinking my coffee this morning.

Team Kimberlin are a bunch of cowards. I’ve been pointing that out since 2012. Threats and insults sent from spoofed IPs, sock puppetry on Twitter, and harassing phone calls sent from spoofed numbers are how these gutless wonders engage those of us who speak and write about them. (Note: It’s interesting that they use the phone harassment quite a bit here in Maryland which one of the states that does not allow voiceprint evidence to be used in court. OTOH, it can be admissible in federal court.)

Last night’s call was a real prize. I doubt that the person whose voice is on the call would actually show up at Hoge Manor for dinner today. He knows what the consequences would be, and, in spite of his ranting about cowards on Twitter, he doesn’t have the audacity required.

According to the caller ID data, the number spoofed belongs to someone I’ve never heard of in Columbia, Maryland and who happens to have a number on the same 596- exchange as my cell phone. Several other recent harassing calls have come from random 596- numbers. Other calls have IDed as from local Carroll County phones, including county government agencies. (Suggestions for Team Kimberlin: You might want to verify whose numbers you’re using. You also might want to google the name Joseph Curran.)

Team Kimberlin should consider these words from George Orwell: Do remember that dishonesty and cowardice always have to be paid for.