Forgetting Brandenburg And The Rule of Law: Brett Kimberlin Censorship-Through-Lawfare Update

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43 Responses

  1. Scott Jacobs says:

    In his courtroom, he is the law

    Was I supposed to read that in the voice of Sylvester Stallone?

  2. Scott Jacobs says:

    And yes. That is indeed the same Kevin Zeese.

    So he is exactly as scummy a person and you thought he might be. And not just because he is a lawyer. :)

  3. Dave says:

    "When someone did something up there to you, your sister, your girlfriend, you got some friends to take them for a ride in the back of the truck." "That ended it. "

    Did that judge just recommend getting a group together to kidnap the censorious thug, take him somewhere quiet, and beat the censoriousness out of him? I suppose it doesn't count as any type of 'inciting' speech if you do it in a black robe while reminiscing about violent felonies back in the good old days…

  4. Scott Jacobs says:

    Despite the fact that the suggestion came from a judge, I shall not be following it, nor do I recommend anyone else doing so.

    I would, however, be amused if this judge heard the next round of this farce, and a group came roaring up to the courthouse in an old beater truck (wearing clothing that would suggest them to be the primary villains in "Deliverance 2: The Cornholing"), and they came into court an announced "We're here to follow your suggestions, judge!" in the best drawl they could muster…

    And then burst out laughing, leave, get back in the truck, and drive to Atlantic City to experience the Jewel of the Garden State.

  5. Robert says:

    In all my reading of the aftermath of the "hearing", I've not been able to determine what Aaron's status is. Is he still in jail? If so, for how long? Until a court can be found to overturn this travesty?

  6. Kris says:

    Robert I believe he was released under his own recognizance later the same day. And I understand he has belatedly gotten himself a lawyer, which is why I assume he's been mute since then.

  7. SPQR says:

    Zeese's incoherence is the mark of an incompetent attorney, assuming some bar in some state was lax enough to actually admit him.

  8. Amy Alkon says:

    This is horrible stuff. The judge's words, especially, are obscene. Thank you for blogging this.

  9. Piper says:

    You forgot one other thing. No matter whether Aaron was right or wrong, WTF was he doing representing himself? Arrogance of the highest degree, especially when the peace (restraining) order was already in place. Sometimes Stupidity and hubris carry the death penalty. Aaron is, to a certain degree, lucky that things didn't get worse for him…

    Patrick might like this quote: "Stupidity cannot be cured with money, or through education, or by legislation. Stupidity is not a sin, the victim can't help being stupid. But stupidity is the only universal capital crime; the sentence is death, there is no appeal, and execution is carried out automatically and without pity." – RAH

  10. Paul says:

    Dear Piper,

    I lol'd – a Heinlein reference in Popehat.
    The internet is a strange and wondrous place, isn't it. I wonder what RAH would have thought of it.

    Paul

  11. David says:

    Wow. I assumed before that the hearing had gone badly because Aaron let Kimberlin get under his skin (and made it worse by appearing pro se), but if the judge is prepared to say "forget Brandenburg" in a speech case, what are you gonna do? Luckily an appellate court isn't likely to be quite that moronic.

  12. Damon says:

    Sad,
    What ever happened to "justice", and doing your frickin' job. How about a side campagn to remove this idiot judge?

  13. Patrick says:

    The charity is named Velvet Revolution.

    Velvet Underground was the second finest rock band of the 1960s, you elitist opera-worshipping snob.

  14. Ken says:

    I think that's my best mistake of the month. Can someone fix it please?

  15. SPQR says:

    Hey, Patrick called you a snob. You can't top that. Next, Patrick is going to call me a redneck.

  16. plemmen says:

    It made me smile. http://www.youtube.com/watch?v=hugY9CwhfzE which it seems, is apropos …

  17. Dustin says:

    Great post. I like that you don't stay focused on this one outrage, but explain how there are systemic problems that come into play with this outrage.

  18. rmv says:

    Only second finest? Surely, you jest.

  19. Ken says:

    I am reliably informed by an expert on Reddit that even though the six-month peace order was premised on incitement, and even though Brandenburg is a key case on incitement, and even though a litigant argued it, and even though the judge suggested that the litigant "forget" it in favor of the judge's own interpretation of the law, that Brandenburg is only "distantly connected" to the case at issue at the hearing.

  20. SPQR says:

    Well, if its on Reddit, it has to be true.

  21. Grifter says:

    I am not a lawyer.
    I am not particularly bright.
    But I'm confused how anyone could possibly say that, Ken? Am I just not smart enough to see how a specific and major case on incitement would be only distantly related? Was there any argument proffered, or was it just a bald and short statement?

  22. Scott Jacobs says:

    Grifter, there was so much stupid even *I* was unable to unleash a wave of profanity.

  23. Xenocles says:

    You've got a pretty good thing going collecting fees from your opponents. Maybe you should branch out into helping your opponents sue their attorneys for malpractice after your easily predictable victories.

  24. Mr. Mark says:

    Idea (maybe good, maybe not): End qualified immunity.

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