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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Category: Bill Schmalfeldt

Comments

64 Responses to “Bill Schmalfeldt: ‘CEASE and DESIST’!”

WJJ Hoge
February 23rd, 2014 @ 4:04 pm

To repeat—Bill Schmalfeldt has the right to remain silent; he lacks the wisdom.
And, as you’ve pointed out, Stacy, the best way to discredit Bill Schmalfeldt is to quote Boll Schmalfeldt.
Political Rift » Bill Schmalfeldt: ‘CEASE and DESIST’!
February 23rd, 2014 @ 4:05 pm

[…] Robert Stacy McCain Bill Schmalfeldt wants you to believe he is a victim. “Bill Schmalfeldt doesn’t have […]
Mm
February 23rd, 2014 @ 4:10 pm

It may be due to butt hurt.
AMartel
February 23rd, 2014 @ 4:15 pm

BS’s description of a heterosexual man attempting to have butt sex with an unwilling wife has a realistic, empirical, This Actually Happened To Me And I’m Pretending It’s Everyone Else quality to it.
Mm
February 23rd, 2014 @ 4:15 pm

That’s what I thought, too.
Dilligas
February 23rd, 2014 @ 4:17 pm

And unlike British law, which requires the defendant to show a statement is provably true, American law places the burden on the plaintiff to show that the specific statement is provably false, that the defendant knew or should have known it was false, and if a public figure – that it was done with malicious intent. (Did I miss anything?)
Mm
February 23rd, 2014 @ 4:20 pm

And here it comes – meltdown on aisle 5. Like clockwork.
SPQR9
February 23rd, 2014 @ 4:24 pm

Cabin Boy is not legally entitled to make any demands.
Mm
February 23rd, 2014 @ 4:34 pm

He keeps claiming, erroneously, that hatred is being incited against him. If law enforcement is taking him remotely seriously, they should take a look at stuff he’s tweeting and posting on facebook, all of which are TOS violations. And which, of course, reinforce the perception that he’s fixated on violent rape fantasies, preferably of men.
rmnixondeceased
February 23rd, 2014 @ 4:48 pm

For Bill:
librarygryffon
February 23rd, 2014 @ 4:49 pm

He’s started a FB page going after the guy he thinks is Jerry Fletcher. And takes a shot at the girl he thinks is JF’s girl friend too. That man is sick.
rmnixondeceased
February 23rd, 2014 @ 4:53 pm

Delusional too, no where in the law is a blog owner or operator in any way responsible for the content of comments made by others persons nor are they required to moderate said comments. John Hoge has a stridt comment policy that he personally enforces. BS is full of his initials (as usual).
Mm
February 23rd, 2014 @ 4:57 pm

There’s a word I’m looking for, and it’s not “sick.” I think I’ve got it – “pervert.” Much better. The amount of time he spends creating this stuff is perverted.
librarygryffon
February 23rd, 2014 @ 5:01 pm

No saying he can’t be both….
librarygryffon
February 23rd, 2014 @ 5:05 pm

And now he’s all upset with you too. Somehow I don’t think that particularly bothers you.
Mm
February 23rd, 2014 @ 5:06 pm

Maybe someone can remind me – didn’t a judge find that Schmalfeldt photoshopping Johh Hoge onto porn had no purpose other than harassment? So, why is he doing it again?
librarygryffon
February 23rd, 2014 @ 5:10 pm

Because the judge was WRONG! and BS knows the LAW better than ANYONE, living or dead! And the LAW does NOT apply to him! Not when he is just responding to Hoggy’s INTOLERABLE HARASSMENT!!!ELEVENTY!!!

Because the man is a sick, demented, depraved, sadistic pervert of only normal intelligence, who gets the only feeling of relevance in his pathetic life by stirring the drama pot with himself as the wronged hero.

And the above paragraph is my informed OPINION based upon what I have seen him say and do over the last two years.
Mm
February 23rd, 2014 @ 5:13 pm

Alrighty, then!
Katie Scarlet
February 23rd, 2014 @ 5:17 pm

But I’m a journalist!
sarah wells
February 23rd, 2014 @ 5:18 pm

He seems to have noted on twitter that the immunities sec 230 of the CDA confer upon bloggers with regard to comments on blog posts are “BULLSH&*()” and he can’t believe they protect a blogger from libelous comments made by others in comment sections.

Sec 230 of the CDA specifically grants protections for exactly that.

Unless the comment is the blogger’s own comment or he re-writes the comment to make it his own, that comment and any liability for defamation is the commenter’s alone.

He’s so clueless.
MattRoss
February 23rd, 2014 @ 5:20 pm

I shudder to consider where that ends up being applied. Just saying.
rmnixondeceased
February 23rd, 2014 @ 5:21 pm

Bill can go pound sand …
rmnixondeceased
February 23rd, 2014 @ 5:21 pm

Orally of course!
Mm
February 23rd, 2014 @ 5:22 pm

I disagree with your assessment of normal intelligence. Based on what I’ve seen, and the way he’s behaving right now, he is confirming that for him, it’s all about the “butt stuff,” to a degree that suggests he should seek therapy for a lifetime of repressed sexual proclivities. Not exactly what someone with normal IQ would do – confirm a negative description so very quickly. And with such graphic gusto!
Slinky
February 23rd, 2014 @ 5:24 pm

More pictorial anal sex fantasies from Schmalfeldt on his twitter timeline. This time though they are with men. Wow. The guy has lost it.
librarygryffon
February 23rd, 2014 @ 5:26 pm

You may have a point. He keeps calling us “lickspittles” stupid, but I haven’t been able to get him to give us an IQ, SAT, ACT, GRE or other standardized score. I’ve given mine, which may be what scared him off though.

On the other hand he did manage to hold down a writer’s job at the NIH until three years ago, and usually that would require an IQ no further left than the middle of the bell curve.
librarygryffon
February 23rd, 2014 @ 5:28 pm

Not quite bad enough to be reported. Though I do have concerns about his new avatar. It looks like it’s designed to look obscene until you unlarge it and see that the item in question is innocuous enough. I think. It’s certainly intended to be defamatory.
Mm
February 23rd, 2014 @ 5:30 pm

He wrote press releases. My dog can do that. A long time ago, when dirt was young, I worked in an NIH lab. The researchers write the hard stuff.
And you raise an interesting point about his SATs, etc. – he never went to college, yet he refers to himself as “educated.” How? Writing press releases? Driving a truck? Harassing people?
librarygryffon
February 23rd, 2014 @ 5:34 pm

My husband only has a GED, but is better read and (self) educated than many college grads I know. He was kicked out of high school because it was so boring he spent all day in the library reading.

However, I doubt that’s what Bill was up to. I suppose he could be educated by reading all the stuff he was writing press releases for?
sarah wells
February 23rd, 2014 @ 5:35 pm

journamalist
rmnixondeceased
February 23rd, 2014 @ 5:36 pm

Heh. He was a GS13 fer crissake! IQ barely above 75 is all that is required. Mine is 165. Nearly a full ‘century’ above the addle-pated and inadequate BS!
Katie Scarlet
February 23rd, 2014 @ 5:41 pm

Is there a doom clock yet? I love those.
librarygryffon
February 23rd, 2014 @ 5:47 pm

Crap. Press releases get you a GS13? An MLS degree and 5+ years experience will only get you a GS11. I am sooo in the wrong business.
Kimmy84
February 23rd, 2014 @ 6:02 pm

I smell a “Blog About Bill Schmalfeldt Day” in the near future.
Finrod Felagund
February 23rd, 2014 @ 6:06 pm

He not only lacks the wisdom, I think he also lacks the capacity.
Kimmy84
February 23rd, 2014 @ 6:07 pm

Good Lord, how many “Jerry Fletchers” is that now!?

Bill’s been outing him for 2 years now, and he can’t seem to figure out which guy is the real Jerry.

#FatsoFail
SPQR9
February 23rd, 2014 @ 6:09 pm

He’s clueless, yes, but he is also a brazen liar. He knows that the CDA applies.
librarygryffon
February 23rd, 2014 @ 6:13 pm

And then he can report us ALL to IC3, the FBI, and Howard County Law Enforcement for defamation, while telling our ISPs that they must hand over to him info on anyone who blogs under a pseudonym, and if they need him to he will personally get the subpoena.

One of these days he’s going to pull this crap on someone who isn’t a nice law abiding citizen, or who has friends who aren’t nice law abiding folk, and, God forgive me, I won’t shed a tear for anything that might happen to him as a result.
librarygryffon
February 23rd, 2014 @ 6:17 pm

Yep, and he’s prevaricating about the C&D, saying that a retweet of an article about his open letter proves that Mr. Hoge got the C&Ds he claims to have sent on Friday night.
Rusti
February 23rd, 2014 @ 6:39 pm

Me, three. I thought the same thing from the first time I read that..

Curious people, no? Odd obsessions. Walker at A2B did a series a bit ago on the whiff of pedophilia surrounding BK which lingers in my mind because it seems to me that it might have explanatory power. WJJH likens this lot to the pirate/ship/cabin boy paradigm. It fits a good bit, doesn’t it? It has stuck for that reason.

But BK is…short and…well..what about Napoleonic? On this ship, manly men!! All!!! I have wondered…maybe: who is the catamite? This BS post had me thinking that BS might be the pitcher and BK the catcher. There is something diseased going on. I think most would expect that BK is exploiting BS but…well…I am not sure I want to know.
MrPaulRevere
February 23rd, 2014 @ 6:48 pm

Now THAT is a stroke of genius!
sarah wells
February 23rd, 2014 @ 6:57 pm

I think he knows. But some things he’s been thick about make me think maybe he is that stupid and bungling. He was stupid about res judicata, Cassidy, Roger S being a lawyer, contact form loopbacks, I’m sure I’m leaving out half a dozen cherished and apparently sincerely held mistaken beliefs.
rmnixondeceased
February 23rd, 2014 @ 7:13 pm

I cannot claim your praise! That is the work of @OwainPenllyn, a very talented satirist.
Jem
February 23rd, 2014 @ 7:24 pm

Yet another BS demand/deadline. How many have we seen? He usually picks 4pm on Friday as the deadline. This time it is ten days. Ten calendar days would put that on a Tuesday. OTOH, ten business days would put that on a Friday! I wonder if he is going to issue a clarification. Details.
Mm
February 23rd, 2014 @ 7:48 pm

He’s railing about “defamation and libel” ( a title that suggest he doesn’t have a firm grasp on those concepts) while tweeting to a fake RSM site with obscene material, praising RSM for writing it, which he did not. This is a guy who thinks the rules don’t apply to him. He’s gotten away with a lot in life. Jail is hard on the old and the infirm.
g.b.
February 23rd, 2014 @ 8:13 pm

I posted this on Hogewash Also.

For your pleasure and enjoyment.

The Internet Arguing Checklist by Larry Correia

http://larrycorreia.wordpress.com/2013/09/20/the-internet-arguing-checklist/
So what is happening with Brett #Kimberlin vs. the Universe? | Batshit Crazy News
February 23rd, 2014 @ 8:41 pm

[…] TOM updates us on Bill Schmalfeldt […]
Francisco D'Anconia
February 23rd, 2014 @ 9:12 pm

Very possibly he already has, and the wheels are now turning.
librarygryffon
February 23rd, 2014 @ 9:25 pm

Report us, or meet Karma?
cmdr358
February 23rd, 2014 @ 10:36 pm

If this retard is not allowed to directly contact Mr. Hoge , and openly acknowledges this fact, isn’t an “open letter” with the stated intent of contacting Mr. Hoge a violation of the peace order?

It is intentional contact. He states that he knows Mr. Hoge will see the letter and comment on it. A judge might find that intentional contact, even if indirect, violates the court order.

It’s a sad fact that some people are just to sick or too fucking stupid to stay out of their own way.