Why the Schmalfeldt and Kimberlin Issues are First Amendment Conflicts

Too long? Won’t read? Scan down to the blue paragraph.

The Brett Kimberlin and Bill Schmalfeldt situations are basically First Amendment issues. I believe that they are both public individuals with thin skins, and a warped idea of what others should be allowed to do.

When you commit crimes, or write books…you put yourself in the public arena. When you sue others just for writing about you, you become newsworthy. If either of these guys think Team Free Speech will go away, they are wrong.

 

Brett Kimberlin has sued people including John Hoge and Aaron Walker over their writings. They wrote the truth about a felon whose own public writings display an inappropriate interest in teenage and even pre-teen girls. He set off bombs, planned to kill a prosecutor, and was suspected as co-conspirator of a murder of a woman who attempted to keep Brett Kimberlin away from that aforementioned teenage girl. 

Patrick Frey, also known as Patterico, has been fighting a lawsuit for a very long time, based upon Frey’s suspicion that Kimberlin was involved in a SWATting event at Patterico’s home.  Frey’s “crime” was writing about the event and sharing his suspicions with law enforcement. Kimberlin clearly wanted to silence Frey, who wrote about Kimberlin.

Walker, Hoge and others have commented on Kimberlin’s marital problems, including the fact that he tried to have his wife committed for mental health issues. They have also pointed out that at various times his wife has claimed to have been born in 1978, and occasionally has claimed to have been born in 1980. 

During a period of time when she was estranged from Brett, Tetyana Kimberlin claimed they had sexual relations when she was 14 and that Brett married her at 16. A couple of years makes a big difference.

These two Hogewash! articles are worth your time.

https://hogewash.com/2013/07/29/brettkimberlin-and-bogus-documents/

https://hogewash.com/2013/07/29/brett-kimberlin-pedophile/

 

Bill Schmalfeldt is an author, blogger, radio personality and creator of recorded comedy. On Amazon, there are twelve titles attributed to Bill as books, though some are unavailable. Sadly, Undercover Trucker and Hunky Dunk are out of print. One title is available in the used book market, but seems out of my price range.

Maybe that’s typo.

 

 

Do Brett Kimberlin and Bill Schmalfeldt have a reason to be angry at the folks who write about them?

Probably.

In Brett Kimberlin’s case, merely bringing up the fact that he blew a guy’s leg off, and was deemed responsible for that man’s suicide…probably would be anger inducing. Brett wants to move on from that, and he also wants the world to ignore that he reneged on the financial award which he should have paid to the woman whose husband died… Sure. He’s angry.

How about Schmalfeldt? Lots of people online have had some nasty things to say about him, his late wife and his current fiancé. Many of the toughest comments have been centered on Schmalfeldt’s public statements. That he asked a transvestite to dance in a dark nightclub. That he had sex in public in front of a paying crowd. His video analysis of a green bowel movement. His online statements surrounding the decline of his wife’s heath, the death of his wife and the near deathbed photograph of his wife, which he sent to strangers.

I could go on. Does he have a legitimate reason to be angry? I suppose, inasmuch any one can justify anger. He has deliberately put a ‘kick me’ sign on his back. In my quiet moments, I really think the man has it in for himself. 

I have disagreed with the methods of the Lickspittles who are downright nasty to Schmalfeldt, but I know exactly where they are coming from. I choose not to call Schmalfeldt names, like Cabin Boy or Dumbfuck, or even Shakey. Those are the only ones I can think of now. Somebody will probably add more in the comments.

Well Dave, that confirms it.  You are a nicer guy than I am.  When I see his photo any more, “that’s Bill Schmalfeldt” isn’t the first thing that comes to my mind.  I see Our Oaf, the Lardy Litigant, the Colossal Cyberstalker, that sort of thing.  He’s finally succeeded in turning himself into a cartoon character in my mind.  He’s no longer real to me and I no longer feel any sort of compassion for or empathy with him whatsoever. –de

But Bill Schmalfeldt has no moral high ground in terms of nastiness. His comments about the Stranahan family, his calls to local police and social services, his smarmy accusations directed toward Sarah Palmer… It’s impossible to see these things over the span of years and conclude that Schmalfeldt is being attacked by a group of meanies on the internet. 

He claims to just want to retire and live out his life blah, blah, with his new love, blah, blah. The people who have collected all those Peace Orders with Schmalfeldt’s name on them wanted peace in their lives too.

Why is this a First Amendment issue? Because if Schmalfeldt and Kimberlin are able to use the civil courts to force others to stop writing about them, then we might as well shut down the internet. If you can’t write or speak about these very public men – whose writings and deeds make them infamous, if not famous – then every felon and failed comedian will sue you into silence.

You want to live in that country? Where the Kimberlins and Schmalfeldt’s control your speech? I don’t and I won’t.

Will this ever end? Maybe. John Hoge’s attorney might get Schmalfeldt labeled as a vexatious litigant – someone who needs a judge to check over his lawsuits before they’re filed. That’s GAME OVER, since nothing in his lawsuits ever make sense.

Kimberlin might also get that title, and he has not actually had much success in his lawsuits.  A more likely outcome is that they will tire of losing, and will stop suing people. 

I can tell you this from personal experience. I run a very small First Amendment blog, and I can tell exactly how many people read here every day.

Over the past year, there has been an increase in the total number of individual readers of the Schmalfeldt and Kimberlin posts. I’m not bragging about clicks. I’m just saying that more people are reading this stuff than before.  More people know about Justice Through Music Project being run by the Speedway Bomber Brett Kimberlin. More people know that for a while there, if you wrote about Kimberlin online, you risked being SWATted. Probably a coincidence.

Many more people know about Bill Schmalfeldt. Of course he’s spent his whole adult life trying to become famous so maybe he likes this.  You’re welcome, Bill.

The First Amendment protects us against the state, but it also protects us from those who would use the state as a tool to silence their neighbors.  The actions of Brett Kimberlin and Bill Schmalfeldt are wrong. And, they are counterproductive. 

Sonoran Conservative is now well established as a daily visit for those who follow this. Bill ticked off the wrong guy, in MJ. So there are Hogewash!, Thinking Man’s Zombie, Sonoran Conservative, the Craft Blog (us), BillySez and at least one other web site devoted to this issue.

So far, Bill has lost every lawsuit.

Keep up the good work, people. Pass the word. Hit some of the tipjars at those blogs, and remember: Nothing good was ever accomplished without enthusiasm. Have fun.