Peace Order Against Bill Schmalfeldt: A Defeat for the ‘Troll Rights’ Movement

Posted on | June 14, 2013 | 31 Comments

Bill Schmalfeldt of Elk Ridge, Maryland

John Hoge has the peace order granted today by Maryland Judge Thomas Stansfield, forbidding Bill Schmalfeldt from contacting Hoge.

People who have followed this story know that, in June 2012, Schmalfeldt began cyberstalking Aaron Walker, whose legal conflicts with Brett Kimberlin had become a subject of widespread public attention. From there, Schmalfeldt steadily expanded his target range to include all of Walker’s supporters, including Hoge. By November, when Schmalfeldt took over the pro-Kimberlin site “Breitbart Unmasked,” he made himself a general nuisance. Schmalfeldt’s vicious attacks on Lee Stranahan’s family were particularly distressing. Did I mention that in July 2012, Schmalfeldt created a “Dead Andrew” site to mock the late Andrew Breitbart and disparage Breitbart’s conservative colleagues?

Trying to get judges to understand how the Internet works has proven problematic in the long struggle against Team Kimberlin. Today was a rare victory, as Aaron Walker reports:

Tae Kim showed up as Schmalfeldt’s attorney again, and did present the argument that electronic harassment is not harassment. The judge rejected that out of hand.
It is also worth noting that Schmalfeldt was also subpoenaed to produce documents. He refused to comply with that, a fact that Hoge’s able counsel, Zoa Barnes, exploited repeatedly to show that Schmalfeldt didn’t respect the law.
So the case was pretty straightforward from there. Barnes established that Schmalfeldt had been told repeatedly to stop contacting Hoge and despite being told by numerous people (including a judge), he just kept going, even up until last night. The judge found the conduct to be harassment, comparing it to junk mail, and granted the peace order. For the next six months, Bill Schmalfeldt will be prohibited from contacting Hoge by any means. He can talk about him—that is his First Amendment right—but he can’t actually contact him.

Something else Aaron Walker reports: Brett Kimberlin showed up in court for Schmalfeldt’s hearing.

This is something Schmalfeldt will not explain — this is what the document subpoena was about — because the facts would not likely be flattering to Schmalfeldt’s patron. It is a reasonable surmise that Schmalfeldt’s communications would show the extent to which his harassment of Hoge, Walker and others was undertaken with the encouragement of Brett Kimberlin and Kimberlin’s associate Neal Rauhauser. Walker and others believe they have been the targets of an orchestrated campaign of harassment aimed at Kimberlin’s enemies.

One might argue that Bill Schmalfeldt is merely a nutjob, but Kimberlin’s presence at today’s court hearing certainly suggests that the focus of Schmalfeldt’s madness was not entirely random.

Check John Hoge’s blog for further news.

Comments

31 Responses to “Peace Order Against Bill Schmalfeldt: A Defeat for the ‘Troll Rights’ Movement”

keyboard jockey
June 14th, 2013 @ 5:14 pm

Warn a person!! I was on facebook, and clicked on this link. What a mug for goodness sake’s Smitty.
Laree Lee
June 14th, 2013 @ 5:21 pm

Warn a person Smitty, that was some ugly mug.
WJJ Hoge
June 14th, 2013 @ 5:28 pm

Thank you, Stacy, for your coverage. As a litigant, it would have been improper for me to say much while the case was on appeal, so the sites like this one that reported truthfully have been a great help.
DonaldDouglas
June 14th, 2013 @ 5:35 pm

Epic defeat!
Kyle_Kiernan
June 14th, 2013 @ 5:57 pm

boot to the head.
WJJ Hoge
June 14th, 2013 @ 6:12 pm

Hmmm. Bill Schmalfeldt as Ed Gruberman. Yeah, that might work.
ajpwriter
June 14th, 2013 @ 6:57 pm

He always looks like he’s in the process of trying to sweat Gorgonzola out of his skin – and loving it.
Matthew W
June 14th, 2013 @ 8:10 pm

Actually, it looks like he’s ready to shit out a Godzilla!
DaveO
June 14th, 2013 @ 8:30 pm

Alternate theory on Kimberlin’s presence: a judge was not reached. Expect to see the life of the Judge and his family become complicated shortly.

Schmalfeldt is at best a legal cut-out for Team Kimberlin. What has that team been up to in the interim?
Frankie
June 14th, 2013 @ 9:09 pm

What’s the over/under on when Mr. Hoge gets swatted?
Kevin Trainor Jr.
June 14th, 2013 @ 10:12 pm

Kevin Trainor Jr. liked this on Facebook.
Adjoran
June 14th, 2013 @ 10:36 pm

Good point – he should contact his local police jurisdiction and request dispatch be advised of the possibility so they can pass the info along when sending a call.
WJJ Hoge
June 14th, 2013 @ 10:45 pm

The Sheriff’s Office and State Police are aware of the situation.
Hoge’s Victory Lap : The Other McCain
June 14th, 2013 @ 11:39 pm

[…] his stunning courtroom triumph today over the atrocious troll Bill Schmalfeldt, John Hoge recounts at length exactly what kind of […]
atticusfinchus
June 15th, 2013 @ 12:37 am

Eewww.
Bill Schmalfeldt Officially Found To Be A Harasser | The Lonely Conservative
June 15th, 2013 @ 2:37 pm

[…] Bill Schmalfeldt, aka Liberal Grouch, was found by a judge in Maryland to be a harasser, Trolls hardest hit. […]
MrPaulRevere
June 15th, 2013 @ 4:55 pm

Sounds like a winner to me Bill. Oh and please give my regards to your kook-in-arms ‘OccupyRebellion’.
MrPaulRevere
June 15th, 2013 @ 5:48 pm

Look pal, you just be sure and do what that nice judge told you to do. Got it?
Pablo
June 15th, 2013 @ 8:48 pm

Why do you still harbor such active hatred for your ex-wife? How many years has it been?
Scribe of Slog (McGehee)
June 16th, 2013 @ 10:47 am

Why do you always make a point of “liking” your own comments, Shamu?
dmacleo
June 16th, 2013 @ 12:01 pm

@wjjhoge @wjjhoge @wjjhoge @wjjhoge @wjjhoge

nope nothing happened here.
you try it now.
MrPaulRevere
June 16th, 2013 @ 12:08 pm

I noticed that too. Pretty pathetic if you ask me.
Frankie
June 16th, 2013 @ 12:21 pm

I would say the reason people don’t ask you questions is because everyone is aware that you are a proven liar. You lied to the court about being served, you refused to provide the documents the court ordered you to provide (lying by omission) and you count among your friends a convicted perjurer and habitual lair. Given that background, would you believe someone?
Is #BillSchmalfeldt Appealing? | hogewash
June 16th, 2013 @ 12:30 pm

[…] in a comment the Cabin Boy posted at The Other McCain, he […]
Aaron "Worthing" Walker
June 16th, 2013 @ 12:42 pm

So lard ass is now making legal threats that are not legal threats in this tweet. And he thinks this is “clear.” Sheesh. I guess we are starting to know when his meds run out.

Why is Stacy lettiing this trolling go on? I suspect if there is an explanation it is that he wants his readers to see first-hand what a complete arse Schmalfeldt is.

Also Schmuckfeldt still doesn’t understand the consequences of his actions, writing: “And if I use the symbol @ and follow it with “wjjhoge” — even though the Twitter Guidelines specifically say that is NOT private communication — I go to jail for six months if I use that in a Tweet.”

First, the issue isn’t whether the communication is private or not, but whether it is volitional communication directed at that person. Everyone who uses twitter knows that if you write “WJJ Hoge is a jerk” that it will be sent to Mr. Hoge’s account. Its like an email, but everyone else can see it, too. If I stand in front of Senior Neckroll’s house (sorry, mobile home) with a bullhorn saying, “Bill Schmalfeldt is an idiot” that is plainly communication directed at him, even though it is not private.

Second, the sentence is not six months. For the first offense it is 90 days and/or a fine. Since he has already committed his first offense the next time he violates the order he can face a punishment of up to a year in prison and/or a greater fine. I forgot the exact amount on the fines (its at my blog), but he is presently in jeopardy of up to 5 years, 90 days in prison and over $13k in fines.

He also makes this remarkable comment: ” I and most legal experts I’ve talked to (and that Stace has talked to) don’t think the judge’s decision will hold up to an appeal.”

Of course by “most legal experts I’ve talked to” he means Brett Kimberlin. Obviously. It apparently does not include Tae Kim who told him after his first hearing that if he keeps this up he will go to jail. Mr. Kim has always known that Schmalfeldt was legally in the wrong, and was simply doing his best to save a dumb client from himself. So far Kim had been lucky, but on Friday, Schmalfeldt’s luck had run out.

And which experts does he claim Stacy has talked to who criticized this ruling? I have seen none.

The fact is that this was actually a pretty straightforward application long standing principles of Maryland harassment law. If Schmuckfeldt wants to waste his money filing an appeal, he can do so. But they would only take this case in order to affirm that judge Stansfield got it right.

And as usual, Senior Neckroll misrepresented what the ruling actually held, saying:

“I hereby ask everyone to stop replying to my comments or mentioning me in any way shape or form.”

He was told by judge Stansfield specifically that he could talk about Mr. Hoge all he wants. He just can’t direct communications to him.

And Fat Man knows this. Ever since the ruling he has barely talked about anything *but* Hoge. And that is fine. It is directed communication that is verboten, not discussions about the man. Just as he lied about receiving notice in the first hearing, he is lying about what the court actually said.

And deciding to actively collect something from the web doesn’t not transform ordinary comments into directed communication. That was his self-described “friend” Brett Kimberlin’s legal theory, not Mr. Hoge’s and it has been shot down in every court it has been tried.

And isn’t it funny he would befreind a man like this? A person who advocated an interpretation of the harassment law 100 times broader and more restrictive than the one he is blubbering about today. A man who attempted to frame me for a crime for daring to report him for a crime. A man who sued a man for calling him a terrorist. A person who caused a man’s death. The leading suspect in another woman’s murder for hire, a murder possibly driven by his sexual interest in a child. A man who stalked my wife.

Schmalfeldt has claimed now and then to be a God-fearing man. But i bet he can’t meet a simple challenge. Go to his priest, and show him everything he has been doing to us and ask if he approves. Ask if the priest approves of him accusing Lee Stranahan’s wife of prostitution based on no evidence whatsoever. Ask if the priest approves of his suggestion that Lee would sell his own underage daughter into prostitution. Ask if he would approve of threatening to SWAT Hoge. Ask if he would approve of lying about me, about Seth Allen, about John Hoge, about McCain and many others. Oh and would he show his priest all those documents he has been hiding from the courts?

We all know he wouldn’t dare show that priest what all he has been doing, because unlike Kimberlin, Schmalfeldt is capable of a modicum of shame.
Aaron "Worthing" Walker
June 16th, 2013 @ 12:45 pm

Ahh, it appears that someone is deleting Senior Neckroll’s threats. Good. That should not be allowed on this blog.
Aaron "Worthing" Walker
June 16th, 2013 @ 12:47 pm

I am pretty sure the NSA is too. 🙂
canuckamuckamuck
June 16th, 2013 @ 12:54 pm

Who pays your lawyers?
Imaginary ‘Rights’ You Don’t Have, You Sad and Disgusting Troll, Bill Schmalfeldt : The Other McCain
June 16th, 2013 @ 3:03 pm

[…] for ViralRead, Bill Schmalfeldt showed up in the comments of two Friday posts — “Peace Order Against Bill Schmalfeldt: A Defeat for the ‘Troll Rights’ Movement” and “Hoge’s Victory Lap” — in an apparent effort to win in the court of […]
Becca Lower
June 16th, 2013 @ 4:17 pm

I’m sure you and others involved see an irony in one other point, too: Schmalfeldt prattled on and on about the fact that Hoge could have blocked him at any time and stopped receiving the mentions. Well, by that same logic, wouldn’t Brett Kimberlin have been able to avoid “harassment” by deleting the filters/alerts whenever he is mentioned on Twitter? Why doesn’t Kimberlin do this? He wants to know what people are saying. Bingo!
A Derp Brain Photo | hogewash
June 18th, 2013 @ 10:32 am

[…] has spent the past couple of days whining about an unfairly cropped photo which he says unjustly portrays him as “crazed and evil.” This image is an unedited […]