The Other McCain

"One should either write ruthlessly what one believes to be the truth, or else shut up." — Arthur Koestler

Bill Schmalfeldt: ‘CEASE and DESIST’!

Posted on | February 23, 2014 | 64 Comments

Bill Schmalfeldt wants you to believe he is a victim.

“Bill Schmalfeldt doesn’t have principles. Bill Schmalfeldt doesn’t have values. Bill Schmalfeldt doesn’t have beliefs. Bill Schmalfeldt has enemies, and then nothing, a black and dank and empty void of sullenness.”
Ken White, Aug. 6, 2013

Deranged cyberstalker Bill Schmalfeldt has been fired by Examiner.com and banished from Daily Kos. Bill Schmalfeldt is an adjudicated harasser according to Maryland courts; he created a “Dead Breitbart” smear site; and his cruel harassment of Lee Stranahan’s family made him notorious.

However, Bill Schmalfeldt refuses to take responsibility for his own misfortune, instead scapegoating John Hoge — who, according to law, is actually a victim of Schmalfeldt’s harassment — and insisting that Hoge and others are to blame for Schmalfeldt’s continuing record of self-inflicted embarrassments and failures.

As a public service, therefore, we reproduce here Bill Schmalfeldt’s recent “Open Letter,” in which he depicts himself as a victim of death threats, defamation and copyright infringement:

AN OPEN LETTER TO ALL WHO MAY SEE THIS
It is 8:40 am on Saturday morning, February 22, 2014. Over the past several days I have received five death threats from people who are clearly either readers of my blog, my Twitter feed, or the blog of WJJ Hoge III, 20 Ridge Road, Westminster, Md.
By virtue of a peace order Mr. Hoge won against me in June 2013, which was extended for six months in Dec. 2013, I am not permitted to directly contact Mr. Hoge. But I know that he will see this Open Letter, I know he will comment on it. I know his readers will comment on it. Therefore, I feel this is as close as I can legally come to letting him know that I am putting my foot down and demanding that he CEASE and DESIST all defamatory writing about me and CEASE and DESIST using copyrighted images of me.

CEASE AND DESIST ALL DEFAMATION
OF MY CHARACTER AND REPUTATION.
I am an educated, respected, retired professional in the community. I have spent over thirty years in my profession and in the service of my country building a positive reputation. I have furthered this positive reputation by volunteering for medical research designed to find better treatments for Parkinson’s disease, from which I have suffered 14 years.
WJJ Hoge III and others are engaged in spreading false, destructive, and defamatory rumors about me.
These are the elements necessary for a plaintiff to prove a case of defamation in Maryland:
“(1) that the defendant made a defamatory statement to a third person, (2) that the statement was false, (3) that the defendant was legally at fault in making the statement, and (4) that the plaintiff thereby suffered harm. A defamatory statement is one ‘which tends to expose a person to public scorn, hatred, contempt or ridicule, thereby discouraging others in the community from having a good opinion of, or associating with, that person.’” Offen v. Brenner, 402 Md. 191, 935 A.2d 719 (2007), quoting Smith v. Danielczyk, 400 Md. 98, 115, 928 A.2d 795, 805 (2007).
Accordingly, I demand that (A) WJJ Hoge III of 20 Ridge Road, Westminster, Md., immediately cease and desist his unlawful defamation of me and (B) provide me with prompt written assurance within ten (10) days that he will cease and desist from further defamation of my character and reputation. Hoge’s Peace Order against me notwithstanding, he is allowed to contact me.
Accordingly, I also demand that Mr. Hoge moderate the comments on his blog (Hogewash), removing defamatory statements by others. As the host of his blog, he bears the responsibility of ensuring that he maintains a libel-free blog. He has not done so.
If Mr. Hoge does not comply with this cease and desist demand within this time period, I am entitled to seek monetary damages and equitable relief for my defamation. In the event he fails to meet this demand, all reading this should be advised that I will pursue all available legal remedies, including seeking monetary damages, injunctive relief, and an order that Mr. Hoge pay court costs and attorney’s fees. His liability and exposure under such legal action could be considerable.
Mr. Hoge may continue to write about me. But whatever he writes must be provably true. He must cite how he knows his information to be true. He must be able to point to third party sources, other than his co-defendants in Brett Kimberlin’s lawsuits against him that prove the truth of his allegations. Mr. Hoge is hereby forbidden to use my image in his blog postings without my express written permission. All images of myself that are taken by a family member are my personal property for which I own the copyright.
WILLIAM M. SCHMALFELDT

Bill Schmalfeldt’s attempt to make Hoge responsible for the “death threats” allegedly received by Schmalfeldt would have to clear the high hurdle of the landmark 1969 Supreme Court decision, Brandenburg v. Ohio. Perhaps some readers can cite the relevant case law on “fair use” regarding copyright materials. As for the “character and reputation” that Schmalfeldt alleges others have defamed . . .

Well, it’s the “Butt Stuff,” isn’t it, Bill?




 

 

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