BREAKING: John Hoge Has Placed a Temporary Peace Order on Bill Schmalfeldt

This is the latest post in what I half-jokingly call The Kimberlin Saga^®.  If you are new to the story, that’s okay! Not everyone reads my blog.  The short version is that Kimberlin has been harassing me for over a year, his worst conduct being when he attempted to frame me for a crime.  I recognize that this might sound like an incredible claim, but I provide video and documentary evidence of that fact; in other words, you don’t have to believe my word.  You only have to believe your eyes.  So, if you are new to the story, go to this page and you’ll be able to catch up on what has been happening.

This screencap says a great deal, but not everything:

To review, Bill Schmalfeldt is facing five criminal charges in Maryland filed by Lee Stranahan and John Hoge all related to some kind of harassment.  I have seen the charges in both cases and this is not an attempt to stop Schmalfeldt from talking about Lee or John.  This is about Schmalfeldt’s repeated attempts to contact these men, by email or other electronic means, even after both men specifically told him to stop and other harassing conduct that is not protected by the First Amendment.

And I reported the other day when things got more sinister.  Bill Schmalfeldt went on the radio and issued this threat to myself, John, Lee and Patrick Frey:

And indeed he doubled down on the threat in this clip:

He has since tried to have this video and others yanked from YouTube on a bogus copyright claim, which I told you about here.  And indeed my latest video demonstrates just how dishonest his copyright claim is:

Well, after the threat, Hoge understandably had enough.  Yesterday he went to the District Court in Carroll County and filed for a peace order against Schmalfeldt, requiring him to stay away from him, not to contact him and of course not to threaten him, among other things.  It does not prevent Schmalfeldt from engaging in any constitutionally protected act of expression.  I have spoken with Hoge and he said it was particularly based on the “Ides of March” threat, and the repeated harassing contacts Schmalfeldt has engaged in even after Hoge filed criminal charges based on prior harassing contacts.  John said that normally he would think that the "Ides of March" threat was just bloviating and would not take it seriously, but Schmalfeldt is associated with dangerous people.

In other words, Hoge is not trying to stop Schmalfeldt from speaking about him to a general audience.  He is only seeking to prevent Schmalfeldt from contacting him or issuing threats against him.  You have a right to say to someone “you may not contact me,” and you certainly have a right to say, “you may not threaten me.”  Hoge says “I am a firm supporter of Schmalfeldt’s right to talk about me, but not to me or to threaten others.”

Of course I have, by experience, become something of an expert on the law of harassment and peace orders in Maryland, and by the evidence I have seen, Schmalfeldt has at the very least harassed Mr. Hoge and therefore Hoge is fully justified in filing for this peace order.

So the upshot is that right now a temporary peace order prevents Schmalfeldt from further harassing Hoge and next Thursday there will be a hearing to determine if a final peace order should be issued.  Schmalfeldt has suggested on twitter that he won’t attend:

There will be a final peace order hearing on Feb. 28 at 10:30 AM at District Court in Westminster, MD, which I do not have to attend,
— Bill Schmalfeldt (@LiberalGrouch) February 22, 2013

...but that just means his peace order will be granted for six months.
— Bill Schmalfeldt (@LiberalGrouch) February 22, 2013

Could it be that he knows that anything he says in the Peace Order hearing might be used against him in an upcoming criminal trial?

Who knows?  But interesting things are afoot.

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Disclaimer:

I have accused some people, particularly Brett Kimberlin, of reprehensible conduct.  In some cases, the conduct is even criminal.  In all cases, the only justice I want is through the appropriate legal process—such as the criminal justice system.  I do not want to see vigilante violence against any person or any threat of such violence.  This kind of conduct is not only morally wrong, but it is counter-productive.

In the particular case of Brett Kimberlin, I do not want you to even contact him.  Do not call him.  Do not write him a letter.  Do not write him an email.  Do not text-message him.  Do not engage in any kind of directed communication.  I say this in part because under Maryland law, that can quickly become harassment and I don’t want that to happen to him.

And for that matter, don’t go on his property.  Don’t sneak around and try to photograph him.  Frankly try not to even be within his field of vision.  Your behavior could quickly cross the line into harassment in that way too (not to mention trespass and other concerns).

And do not contact his organizations, either.  And most of all, leave his family alone.

The only exception to all that is that if you are reporting on this, there is of course nothing wrong with contacting him for things like his official response to any stories you might report.  And even then if he tells you to stop contacting him, obey that request.  That this is a key element in making out a harassment claim under Maryland law—that a person asks you to stop and you refuse.

And let me say something else.  In my heart of hearts, I don’t believe that any person supporting me has done any of the above.  But if any of you have, stop it, and if you haven’t don’t start.