Previously I wrote about how blogger Aaron Walker found himself temporarily jailed for blogging about convicted perjurer and domestic terrorist Brett Kimberlin and prohibited from writing about him. On June 25th Walker won a temporary stay of that order. Today, with the help of his very capable counsel Reginald Bours, Aaron Walker succeeded in overturning entirely Judge C.J. Vaughey's unprincipled and lawless prohibition against blogging about Brett Kimberlin. Judge Nelson Rupp ruled — quite correctly — that writing about someone is not the same as contacting or harassing them.
By all accounts, Kimberlin continued his censorious crusade, asserting that by writing about him Walker was inspiring others to harass him. For that matter, apparently Kimberlin views even examination in open court as harassment:
Kimberlin appeared at times during his appearance to be frustrated and angry. For example, when Kimberlin was asked about whether he had any knowledge of Mr. Walker’s recent SWATting, Kimberlin accused attorney Bours of harassing him by even asking the question, which he referred to as "despicable."
How big a victory is this? Consider the complete meltdown of Team Kimberlin Twitter account "OccupyRebellion":
You faked your swatting last week on the same day as your court case. Will you fake another one today now too? @AaronWorthing
By the time this is all said and done, you'll probably be homeless on the streets. How is this a "win" for you? LOL @AaronWorthing
There's still Brett suing you in civil court. This isn't about the so-called 1st Amendment anymore. @AaronWorthing
People won't be donating to you anymore. You now have to pay your own legal bills yourself. @AaronWorthing
Sooooo Breitbot predator @AaronWorthing thinks he "won" in court today against Brett Kimberlin. You are a shit lawyer if you think that.
(Emphasis added, delicious tears in original.)
I'm sure Aaron will write about this. In the meantime, he has a five-part series about his experience up.
This is a significant victory. Congrats to Aaron, and thanks for standing up.
Edited: Aaron's post about today is up.
Aaron's account shows how stunningly entitled Kimberlin is, and how much he is willing to trammel constitutional rights to avoid criticism:
Kimberlin also tried the argument that since he had set up Google Alerts—commands to Google to search the entire internet for mentions of his name and to mail him those links—that writing him on the internet was equivalent to sending him an email.
What kind of person thinks like that?
Last 5 posts by Ken White
- A Response To Marc: Institutions, Agendas, and the "Culture War" - January 13th, 2016
- Lawyering Is About Service, Not Self-Actualization - January 11th, 2016
- Lawsplainer: Was FAU Prof. James Tracy Fired in Violation of His First Amendment Rights? - January 7th, 2016
- Defy, Defy, Defy. - January 7th, 2016
- President Obama And The Rhetoric Of Rights - January 5th, 2016