The First Amendment Is Now Officially Brett Kimberlin's Bitch
Terrific blog post by Hans Bader at Open Market:
Earlier, I wrote about how a judge in Montgomery County, Maryland (a liberal bastion), had effectively silenced a critic of convicted "Speedway Bomber" Brett Kimberlin, who is now a left-wing activist subsidized by the Tides Foundation and the Barbra Streisand Foundation.On Wednesday, Judge C.J. Vaughey issued a restraining order -- a so-called "peace order" -- against attorney Aaron Walker based on Walker's criticism of Kimberlin's misuse of the legal system (Kimberlin, who has also been convicted of perjury, has filed countless lawsuits against his detractors). Walker's criticism of Kimberlin had supposedly resulted in outraged members of the public making threats against Kimberlin (although the judge's order did not cite a single example of a threat).
I explained here on May 29 how Judge Vaughey's order patently, flagrantly violated the First Amendment and the Supreme Court's First Amendment rulings in cases like Brandenburg v. Ohio and Hess v. Indiana limiting liability for so-called incitement. I also explained how the Judge's order reflected ignorance about both the Internet and basic First Amendment principles.
I also noted that Walker had been arrested at that hearing, but I said it was "unclear" at the time why he had been arrested. It is now crystal clear that he was arrested for exercising his constitutional right to free speech. The judge's jailing of Walker was based on his blog posts and tweets, and thus violated the First Amendment, a fact lamented by law professors like Case Western Reserve University's Jonathan Adler and U.C.L.A.'s Eugene Volokh (one of America's leading First Amendment scholars), and journalists like David Hogberg of the Investors Business Daily. But as Professor Adler notes, Walker was indeed "arrested for blogging." This confirms what Los Angeles deputy district attorney Patrick Frey deduced earlier at Patterico, where he noted that "Aaron Walker was arrested today in the United States of America for blogging about a public figure."







Left-wing, right-wing, it doesn't matter.
The convicted felon scores again thanks to an idiot judge with not one brain cell to speak of.
I don't understand why there are no comments about this, unless no one else has read up on these goings-on.
DrCos at May 31, 2012 2:43 PM
Amy Alkon
https://www.advicegoddess.com/archives/2012/05/the-first-amend-1.html#comment-3212199">comment from DrCosI just posted it. Hans sent me the link a little while ago.
Amy Alkon
at May 31, 2012 2:51 PM
I've been following this story since late last week. Until recently, the company kept by the websites making noise about this issue is a little sketchy, and I think that's why it has been slow to gain traction.
I agree however, with nearly all the commentary I've read so far, that has painted this not in partisan terms (although there is PLENTY of that - another reason for slow comment growth I suspect) but in First Amendment terms.
railmeat at May 31, 2012 4:47 PM
This hasn't been widely written about because the victims of Brett Kimberlin's Terror have been too busy trying to stay out of harms way to really write about it. Stacy Mccain had to move his family out of the Socialist State of Maryland because the officials there refused to do anything to protect his family in the face of blatant harrasment and credible threats. Patrick Frey has been a little more successful in standing up to this cockroach, but he still has his hands full. And as we see in Aaron Walker's case, underestimating Kimberlin's native cunning and ability to game the system, along with his ability to manipulate people's emotions in order to gain the advantage, is a serious mistake.
Kat at May 31, 2012 5:10 PM
Sorry Amy, I might be losing my mind. I thought this was up a while with no comments.
Railmeat, this is definitely a First Amendment issue, but several sites I've seen have been quick to make this a left v. right issue, which to me is way off point.
Being somewhat left myself (suprise!), I am offended by those who would toss this guy our way, or blame his political leanings for his nasty habits and tendencies.
DrCos at May 31, 2012 5:30 PM
Another unabashed lib on this bus... ...and I concur with the others here. The attempts to make this a partisan thing in some quarters--trying to tie Kimberlin and practically every action he's ever taken (or for that matter, ANY action he's ever taken) to the political left as a whole (not to mention excessive focus on the bombings in the 1970's rather than his more recent behavior, as though his awful behavior back then is incontrovertible evidence that he's done everything they're accusing him of, today)--has made it exceedingly hard to stand up for free speech, lest folks think we're standing with the people who're using Aaron Walker's situation for political gain, and perhaps little more.
The fact is, support for Kimberlin ( as opposed to the orgs he started, which, for all the claims to the contrary, isn't the same thing) is pretty low. (I'd venture to guess most libs never heard of the orgs, either.) There are very few posts or people openly supporting him, now or in the past. Even the people and foundations who support the two organizations more'n'likely do so based on the mission statements and/or actual activities of the groups, and there's a pretty good chance they don't know who Kimberlin is, either. (Whether they should have known is another matter, of course.)
I still have questions about allegations against Kimberlin from the other players--and even some of the allegations that Aaron is making, as well--but on this issue, there is no doubt that this judge helped Kimberlin deal Aaron a dirty hand, which, if it were allowed to stand, would have potential implications for anyone who uses social media. It's going to be reversed as soon as it's put before a competent judge--there is too much precident for it not to be--but it's still a damned shame it ever happened. May it never happen to anyone, again.
repsac3 at May 31, 2012 6:53 PM
So those from the left wish to disavow Brett Kimberlin? Sorry, you people own him, lock, stock and barrel.
Bob at June 1, 2012 4:56 AM
I agree with the liberal scum repsac3 and DrCos. Not all liberal/democrat should be tarred with this idiots actions.
Still, the left and people in power should not put up with him. Talk to him. Disavow him. Stop him! Because by not doing something you are saying this is fine. Face the fact it is your problem.
Do not slink away with not our problem when he was part of your team. No explaining his recent actions. Hey I could forgive him for his previous fuck ups but this lepord did not change its spots.
This really bothers me! What the fuck happened to competence and decisive action and responsibility.
Obama say "Polish death camps". Admit your mistake/gaff, apologize and mean it, and get it moved on. Maybe some blame will have to passed around and you might have some stuck to ya.
You make a spelling mistake in an app. Face it, admit your stupid mistake, do not try and hide it.
Couple of your people in your organization molests some kids(schools/church). Find em, prosecute them, and get them out of there.
I am sick and tired of politicians, heck businessmen, adults, everybody, acting like five year olds that broke a lamp by hiding it under a sofa and then acting all innocent.
A political ally is acting bad and it is effecting you. Then do call him out on it. Talk to him, reason with him if possible, but by by fucking Zeus do something.
John Paulson at June 1, 2012 5:23 AM
"Not all liberals/democrats should be tarred by this idiot's conduct."
Well, yeah! Let's all remember these words the next time the media is tarring all Republicans/conservatives because of the idiotic speech or conduct of one person. Especially when the idiot in question is neither Republican nor conservative (as happened with that guy who shot up all those politicians in Arizona). He fit the media's caricature of a conservative so they went around claiming he was when he was not.
The same can't be said of this Kimberlin character who is securely tied in to the far left fringe and receives large sums of money from Democrat boosters like the Tides Foundation and Barbara Streisand and then turns around and launches free speech suppression efforts against conservative bloggers. The judge in this case, by the way, is incompetent and there is no excuse for such incompetence. He was clearly unfamiliar with the workings of the "innerwebs" but, more significantly, he was entirely willing, indeed, pleased and proud, to flout black letter US Supreme Court precedent on first amendment law. Shameful.
I, too, am sick and tired of the entitled people of this world pretending they don't make mistakes and wasting our time with cover ups. But I'm also sick and tired of the endless calls for apologies and disavowals. More meaningless words.
AMartel at June 1, 2012 10:34 AM
To those who willingly refuse to hear or do right, you comments ain't worth the time it took to post 'em.
For the rest of us, it's about speech, not sides, and we'll get on with the business of speaking out and setting it right, while y'all keep bitching at your partisan pity party.
Repsac3 at June 1, 2012 6:14 PM
To those who willingly refuse to hear or do right, you comments ain't worth the time it took to post 'em.
For the rest of us, it's about speech, not sides, and we'll get on with the business of speaking out and setting it right, while y'all keep bitching at your partisan pity party.
Repsac3 at June 1, 2012 6:15 PM
(Sorry for the duplicate. Got a screen that said it failed the first time... Obviously not.)
Repsac3 at June 1, 2012 6:18 PM
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