Sunday, September 2, 2012

Kimberlin Lawfare Update: Major Pushback By Aaron Walker [Now with court documents

Kimberlin Lawfare Update : Major Pushback By Aaron Walker [Now with court documents]

by Ken, popehat.com
June 22nd 2012

Note: our prior coverage regarding Team Kimberlin's censorious activities is here.

In our last episode of the struggle against Team Kimberlin — and for free expression without legal harassment — blogger Aaron Walker was muzzled by a Maryland judge who told him to "forget" applicable United States Supreme Court precedent, and had been arrested based on Brett Kimberlin's latest bogus claim of breach of the "peace order" he obtained from a compliant Maryland court.

The tide has turned.

First, Maryland prosecutors declined to prosecute Aaron Walker based on Kimberlin's latest bogus assertion that he'd breached a peace order by blogging.

Second, Aaron Walker — assisted by Maryland counsel Reginald Bours and ridiculously overqualified First Amendment expert Eugene Volokh — has filed an emergency appeal of the latest unconstitutionally overbroad "peace order". I'll try to comment on it next week. I've been kind of busy with comics and Bigfoot and yarn, y'all.

Third, Aaron Walker has filed a federal lawsuit against Brett Kimberlin in United States District Court in Maryland. I've pulled the documents off PACER and hosted them. You can read the complaint here and the motion for a temporary restraining order here. No exhibits — too big, sorry. I will not be commenting on this lawsuit. On several occasions I attempted to assist Mr. Walker in securing local counsel. When I've written about the case I've used other sources and never revealed a confidential communication with him, except as specifically authorized in order to ask for help. However, I feel precluded from discussing his federal case, as opposed to the state court proceedings.

More next week.

Edited to add: changed the motion document to the points and authorities rather than the notice, and redacted addresses from both, even though it's a public document.

Original Page: http://www.popehat.com/2012/06/22/kimberlin-lawfare-update-major-pushback-by-aaron-walker-now-with-court-documents/

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