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Maryland District Court Judge: "Forget" Cornerstone of First Amendment Enforcement

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posted on Jun, 7 2012 @ 10:35 PM
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www.popehat.com...

I don't know whether to be angry or apologetic that a blog is the most reliable source on the matter (albeit the blog of a top-notch First Amendment attorney of impeccable character).

Cornelius Vaughey, Maryland District Court judge, issued a "peace order" (restraining order is the rough translation into out-of-state-with-no-legal-experience-ese) against blogger Aaron Walker on behalf of convicted domestic terrorist and perjurer Brett Kimberlin, currently an "activist", on the grounds that threats received by Kimberlin amounted to "incitement" by Walker for blogging about him.


(Three quick notes: Kimberlin has waged similar lawfare campaigns against ideological opponents reporting the truth; has yet to dispute a fact in any of the reporting, and all reports of threats against Kimberlin are based on the testimony of the convicted perjurer himself).

As farcical as this all may seem, it pales in comparison to Aaron Walker's hearing following his arrest for violating the dubious order:


THE COURT: But you, you are starting a — a conflagration, for lack of a better word, and you’re just letting the thing go recklessly no matter where it goes. I mean, you get some — and I’m going to use word I (ph) — freak somewhere up Oklahoma, got nothing better to do with his time, so he does the nastiest things in the world he can do to this poor gentleman. What right has that guy got to do it?

WALKER: He has no right to do that, Your Honor.

THE COURT: Well, he’s — you incited him.

WALKER: But, your honor, I did not incite him within the Brandenburg standard though.

THE COURT: 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.


For those of you who don't know (I was one of you until this afternoon), the Brandenburg standard refers to the standard created by Brandenburg v. Ohio, which holds that speech can be censored as inciting harm only if it is intended as such, presents a clear and present danger and is likely to lead to violence.

Before these past few days, I always thought the "end of a free America" rhetoric exhibited here and elsewhere was just hysteria and hyperbole. Cornelius Vaughey makes me wonder.




posted on Jun, 7 2012 @ 10:54 PM
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Originally posted by OnTheLevel213

THE COURT: 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.






Several months ago, I was in a court where a hillbilly judge was "acting out". No other term fits. His behavior was insulting and demeaning. I put up with this nonsense as long as I was able, then I said, "Thank you", I turned around and walked out.

Point being -- at some point we are gonna have to get serious about the loss of professionalism being displayed at all levels of our government -- politicians, the courts, military and police. It's way past time to hit the reset button.



posted on Jun, 7 2012 @ 11:22 PM
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This strikes me as very simple natural consequences. If you ask me, it's about time the judges and politicians drop the charade and pretenses. We the Peasants are getting exactly what we deserve and that is to be shat upon.

We have turned our backs on our divine right to participate in our government. We have turned our backs on our civic duty to one another. We obviously don't give a sh and we have no right to expect anything different from our judges or pols.

Sure, a few people are going to get indignant and thrust another booger covered finger in the air and shout at the computer "They can't do that! They can't get away with that. It's not right." then they will get back to their porn and search their nostrils and scalp for other pesky edibles.

I'm talking about you dumb ass. What are you gonna do about it? Nothing. Just what I though. Why not go make yourself useful and wash my underwear, punk. I've got a fetus to slaughter hosted by Barbara Bush for Queen Mummy's Jubafknlee

(senator Bagodonuts as played by zarp3333)



posted on Jun, 8 2012 @ 02:17 PM
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reply to post by OnTheLevel213
 


Some freak in Oklahoma huh? Was that relevant to the case? Did someone in Oklahoma do something to this activist or does the judge assume that Oklahoman's are freaks?



posted on Jun, 8 2012 @ 06:43 PM
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edit on 8-6-2012 by Kali74 because: (no reason given)




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