Monthly Archives: April 2017

Howard Dean and UC Berkeley are Wrong About the First Amendment

But you expected that.

The college is scared of Ann Coulter, and Howard Dean is concerned that Coulter might incite violence, despite lots of proof that it is the left which has picked up rocks ‘in the wake of the election of Donald Trump…’

Eugene Volokh points out the Former Vermont Governor doesn’t know his law.

So, no, “hate speech” is not unprotected by the First Amendment. Its punishment is not authorized by the “fighting words” doctrine. Universities may not exclude Ann Coulter based on her viewpoints on immigration or anything else. And even if they can impose viewpoint-neutral restrictions on what a speaker may say, they can’t exclude Coulter up front just because they think she’ll violate those restrictions.

Berkeley conservatives are suing the school over the cancellation of Ann Coulter’s appearance:

“Berkeley promises its students an environment that promotes free debate and the free exchange of ideas,” the lawsuit said, but the promise was breached “through the repressive actions of university administrators and campus police.”

They’re probably doomed to failure in the suit, as everybody knows by now that if you want a free exchange of ideas, you don’t go to Berkeley — as a student or as a conservative speaker.


I wish the Howard Dean’s of the world would just be honest: They want to muffle conservative voices, because they fear the loss of power. If he’d just say “If Ann Coulter gets her way, there will be less government, more emphasis on freedom, and dinosaurs like me will be in the dustbin of history.”

I remember when Coulter had to face pies in the face, but yet she still visited campuses…because that’s where the young mush-heads lived.  Now the threats are far greater, and she still wants to speak up.


By the way, regular readers here know that I don’t hate. Except that I hate hate. I don’t support fascism from the right, and won’t tolerate it from the left, either. The temper tantrum from the left is dangerous and juvenile. 

I will support speech your free speech as long as you do not incite violence. 

Violent leftist goons do not have the right to shut down free speech. Nobody does. Not here.

Footnotes in Legal History

John Hoge’s latest filing in the Hoge v. Kimberlin et al, suit is nominally the Plaintiff’s Opposition to the Kimberlin Defendents’ Motion For Sanctions, but we’ll just call it the definitive response to the Kimberlin lawfare.

For those just joining us…a paroled felon named Brett Kimberlin has objected when writers took note of his attempts to silence lawyer and blogger Aaron Walker. The first sentence of the above referenced document is the most brutal and true description of events:

Ironically, the Kimberlins are falsely accusing Mr. Hoge of crimes in an attempt to silence him while Mr. Hoge is suing them for falsely accusing him of crimes in their previous attempts to silence him.

Blogger, ‘comedy’ writer and occasional chronic disease sufferer Bill Schmalfeldt is also being sued by Hoge. 

As usual, folks read the Hoge court filings for the clarity, but stay for the footnotes:



As Hoge aptly demonstrates, Kimberlin and Schmalfeldt have sued quite a few people, and have been very unsuccessful, unless their true goal was to make themselves into laughingstocks.

They sue to try to stop others from exercising their First Amendment right to speak and write truthfully.  One wrote anal rape fantasies, the other blew a guy’s leg off with a homemade bomb. Both will be mere footnotes in legal history.

Team Kimberlin Strategies

There are some basic strategies in the TK Official Playbook™, including accuse the accuser, weaponize the family and blame the blogger for his commenters.

But the least effective strategy is “hide and seek.”  In Mat 2016, Brett Kimberlin hid from service — even telling a deputy sheriff “Good luck finding me…”  Details in this post.

We published this updated version of the popular book:

Wheres Brett.png

Bill Schmalfeldt has apparently also changed addresses, and has been slow to inform the court about his whereabouts. 

Details at Hogewash!

I do hope that Team Kimberlin learns that hiding is not a winning strategy. Like filing false police reports, doctoring documents and pretending to misunderstand the court procedures…this sort of thing only brings more trouble.

Put on your big boy pants…and participate in the process like a grownup. Anything less makes you look guilty.  


Quote of the Day: Pat Buchanan

On Donald Trump and Tweeting:

“It’s not a bad instinct to be a fighter. But sometimes you have to hold back.”

An interesting Politico article here.

I tried to find a longer quote, but in the style of modern journalism, the subject of the article is only allowed isolated sentences, as opposed to the right to frame his own points.

Buchanan at his home, holding a replica of Robert E. Lee’s revolver.

Team Knucklehead Forged Document of the Day

The latest in a series in which I doctor legal documents to say what they really mean, using the techniques of Team Kimberlin. The following is not an excerpt of a document recently published on Hogewash! but is in fact a work of fiction:


For context: John Hoge is suing Brett Kimberlin and Bill Schmalfeldt in part because they are knuckleheads, but also because they used social media and the courts to try to destroy John Hoge’s reputation. Hoge’s supposed offense was telling the truth about both these clowns.


Used without permission. If Hoge sues me, I’ll show up.

As far as Schmalfeldt’s advanced mostly cured Parkinson’s disease, he gets around just fine, and I’m sure it would be only a minor inconvenience to him to show up when he is sued.  

Most recent Hogewash post on the subject is here.

Hate Violence is Worse than Hate Speech, You Know

hate violence – n. The attempt to silence political speech through violence, especially as practiced by leftists who are convinced that they possess the moral authority to judge which speech is proper. (see also shutuppery, douchebaggery and peace riot)

They got away with it last time, so the peaceful old hippies of Berkeley and their black-clad storm troopers mixed it up with attendees of a pro-Trump rally. We’ll never know who started it, but it doesn’t look like the Trump supporters went looking for a fight.


Violence broke out and at least 20 arrests were made in Berkeley on Saturday as supporters and opponents of President Trump clashed in a public display of the deep-seated tensions still roiling the country since the November elections.

Sorry, that was a peaceful, lawful election. Please stop dating the deep-seated tensions from November 2016. In general, losers go home quietly. After this election, the whining has continued.

Lincoln Smith, a 45-year-old man who came to show solidarity against Trump, acknowledged that some of the attendees were overly intense, including a woman who had accused him of being a Trump supporter because he was wearing red shoelaces.

“I’m here to support the message that hate speech is not free speech,” Smith said.

Some people there were on hand to support the message that Trump supporters are fair game for violence. That hate violence is acceptable because they perceive hate speech might occur. Do they not understand how obviously wrong that is?

They think they are on the side of angels, and that they are justified bloodying up Trump supporters. 

In short, they’re thugs.

By now, a lot of us have seen this video.

Under some circumstances, it is acceptable to gently place the flag of your country on the ground. This guy needed both hands. 

Make no mistake. These people want your right to assemble taken away. They want the heckler’s veto against your speech. They are leftist fascists looking to take back by violence that which they lost at the ballot box.

Keep it up, Berkeley. This is how you got Trump in the first place.