Sebastian points out a truly despicable case of judicial malfeasance by a judge who is not only ignorant, but who clearly thinks he is above the law. Apparently a blogger wrote some mean things about a convicted perjurer and domestic terrorist, who also happens to be a public figure. The guy filed a restraining order in court which prohibited the blogger from talking about him, and it was granted without the judge even bothering to read the supposedly offending posts (I.E. doing his job) He was prohibited from speaking about the issue for a full 6 months.
Reading the words of the judge over at pophat scares me. It's disgusting. Walker (the blogger) brings up Brandenburg, the relevant legal standard for protected speech. The judge's response?
"Forget Bradenburg [sic]. Let’s go by Vaughey right now, and common sense out in the world. But you know, where I grew up in Brooklyn, when that stuff was pulled, it was settled real quickly."
The judge just said, in court, essentially "fuck the relevant legal standard set by the SCOTUS, we're going by my standard."
It would appear, from what I read at popehat, that Walker had the order issued against him because some other bloggers, upon reading his post, decided to (allegedly) threaten Kimberlin (who is a convicted perjurer, so I take his claim with skepticism). He was then arrested for continuing to blog, in violation of the order. Yes folks, a United States judge signed an order prohibiting a free citizen from exercising his 1st Amendment rights for 6 months, and then had him arrested for violating that unconstitutional order.
That's like saying some anti-gun nutcase like Laci the Dog, Skyewriter or Catherine Macivor could go to a judge and have me arrested and prevented from blogging because I said something truthful that was mean and critical of them, someone read those posts and then decided to threaten them.
I am NOT responsible for the actions of that 3rd party, nor is Walker in this case. Unless he directly threatened / Kimberlin or directly told people to go and threaten Kimberlin in his blog post then he's not at fault here.
Also, It would appear the first peace order against Walker was thrown out by a MD judge, Walker subsequently wrote about this occurrence, and then Kimberlin went and got another peace order issued against Walker. What's the process like for getting a peace order against someone in MD? Is it really that simple? Is there no prosecutorial oversight?
See posts at Popehat
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