Outlaw judge Cornelius Vaughey’s ruling remains in effect. Aaron cannot truthfully blog about public figure Brett Kimberlin without violating a judge’s blatantly unconstitutional prior restraint of his speech.
Just thought I’d mention that. Since it’s still true.
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Ding. Just trying to help.
Gazzer (fe4b73) — 6/14/2012 @ 10:50 pmDoes anyone have any idea how long it is going to take before this unconstitutional prior restraint order is vacated? On a tangential subject, does this unconstitutional order give rise to a civil rights action against the judge under 18USC § 241 and or 242?
r2 (d15dfa) — 6/14/2012 @ 10:54 pm“…does this unconstitutional order give rise to a civil rights action against the judge under 18USC § 241 and or 242?”
The doctrine of judicial immunity protects judges against such actions. Immunity of state judges from federal civil rights suits was established in Pierson v. Ray, 386 U.S. 547 (1967)
“Does anyone have any idea how long it is going to take before this unconstitutional prior restraint order is vacated?”
I have no knowledge of how this case is being handled, other than what I’ve read here, but the wheels of justice can be painfully slow. I’d be curious to know what, if any, pleadings have been filed in the matter.
Max015 (24d094) — 6/15/2012 @ 4:28 amPatrick,
Please keep us up to date on Aaron’s appeal, especially any comments from his legal team. There are many in the blogging community who want to follow this case.
Corky Boyd (797d6c) — 6/15/2012 @ 5:36 amI just checked the Maryland judiciary case search website and found:
1. The “Peace Order – Fail to Comply” that was issued on 5/27 and served in court on 5/29, resulting in Aaron’s arrest, has been closed and will not be prosecuted (status is NOLLE PROSEQUI). This was done yesterday, 6/14.
Mari (1f4c27) — 6/15/2012 @ 8:29 am2. The appeal of the peace order has a hearing scheduled for 7/5/12.
That’s right, Mari!
Charges have recently been dismissed against Aaron Worthing!
The gag on his speech is still in effect, but the arrest, which I call a false arrest has been taken care of!
On the one hand, yay, but it’s hard to be too jubilant about this. Brett falsely charged Aaron twice now and got him arrest once, and in both cases the state dropped the charges when they finally got around to taking a look.
Unfortunately, Brett could just go and file another set of charges this weekend.
I thought the prosecution had said no more of this crap from Brett… but that was before the last time Brett did this! Unfortunately, a lot of things are upside down in Maryland.
Dustin (330eed) — 6/15/2012 @ 9:49 amI heard a lawyer had agreed to represent him pro bono to get this order rescinded. Is there any status update on this?
Harrison (916bde) — 6/15/2012 @ 10:20 amHarrison,
Aaron has legal representation and a variety of well founded actions planned.
He is also getting assistance from the National Bloggers Club.
What I am amazed by is how long it’s taking to remove the obviously unconstitutional gag order. Perhaps the state of Maryland is simply unable to handle such a simple issue, and this case needs to be removed to a jurisdiction with a basic grasp on our civil rights.
But it’s not my place to say what’s actually being done. Suffice to say Aaron still needs support in a variety of ways, but is frustratingly unable to even ask for help regarding this case or petition the government publicly to help. It’s really quite upside down.
Dustin (330eed) — 6/15/2012 @ 10:32 amDustin,
It’s Maryland – what more can I say. Yes, I do live here.
Mari (1f4c27) — 6/15/2012 @ 10:57 amGod Bless Texas.
Dustin (330eed) — 6/15/2012 @ 11:00 amMichelle Malkin is reporting via Twitter that all criminal charges against Aaron Walker have been dropped. Not sure if that includes the order to not blog about BK. Sorry for no link. Not good at that.
Ipso Fatso (7434b9) — 6/15/2012 @ 11:02 amIpso, it does not include the order not to blog about BK.
It’s merely the arrest, which was an utter sham. This is the second time Brett’s criminal charges against Aaron had to be thrown out after considerable impact on Aaron’s life.
Is the MD prosecutor who has proof Brett lied under oath to frame Aaron ever going to do anything about this?
If he doesn’t, I practically guarantee Brett will file more BS criminal charges against his critics. It’s an easy way to use the state government to harass people.
Dustin (330eed) — 6/15/2012 @ 11:06 amUnfortunately, Aaron can’t even talk about the case with Brett. He can’t speak for himself and explain what’s going on. He can’t even ask for the help he needs.
Thanks a lot, Judge Vaughey.
Dustin (330eed) — 6/15/2012 @ 11:07 amThe commissioner that has been approving Kimberlin’s fraudulent affidavits needs to be disciplined.
SPQR (26be8b) — 6/15/2012 @ 11:13 amMaybe that July the fourth thing will jog the judge’s memory of lives, fortunes and honor staked on a new nation, to preserve liberty. Maybe.
Sarahw (0e60e9) — 6/15/2012 @ 11:16 amAt the very least rule of law and not of men, especially men nostalgic for fistfights to settle civil matters.
Sarahw (0e60e9) — 6/15/2012 @ 11:19 amYou know that scene in “a Beautiful Mind” when we see the workroom of the mentally ill man filled with scraps cut from papers, and lines and string linking various items?
That’s the odd impression I get when I read the stuff about and by “convicted bomber turned left-wing activist” Brett Kimberlin.
Thank god we’ve got a few tenacious characters (Other McCain) a few lawyers (Patt/Jacobsen) and top shelf bloggers (all of y’all plus Walker) on the case.
The Instapundit link to RSM yesterday was perfect. “SEE, THIS IS WHY YOU REALLY DON’T WANT TO GET STACY MCCAIN ALL RILED UP.”
Stay safe.
ukuleledave (e546ca) — 6/15/2012 @ 11:20 amI like to think that if I were in AW’s position I’d have gone on blogging, and reminded the Montgomery County sheriff’s department that while the judge has absolute immunity they have only qualified immunity, which will not shield them from a section 1983 suit if they try to enforce a blatantly unconstitutional order. The most likely outcome would be that they would be dissuaded from enforcing the order; the second most likely outcome is that I’d spend some time in custody, and then be adequately compensated with the arresting officer’s house and pension.
But I’m not in AW’s position, so my speculation about what I would do, or what I’d like to think I would do, is meaningless. More likely if I were in AW’s position I would have listened to my wife and let the terrorists win. “No, sir, not a sixpence” sounds a lot more stirring when it’s not your life on the line; when it is, “yes sir, no sir, three bags full sir” comes more readily to the tongue.
Milhouse (312124) — 6/15/2012 @ 11:21 amIt would be nice to have a federal law that allowed prosecution of judges who issue arbitrary orders that violate people’s civil rights.
Vacating this court order isn’t going to prevent repeat performances by this judge or other judges.
The current interpretation of the First Amendment says, in effect, that folks can say pretty much anything they want to, and no government can stop them (I think that’s baloney, btw, but the SCOTUS gets to decide what the 1A says…not me), but that’s pretty much worthless if judges are allowed to issue gag orders at the drop of a hat.
We need some kind of mechanism to prevent this from happening again.
Dave Surls (46b08c) — 6/15/2012 @ 11:27 amHere is what Gene Volokh just posted over at Volokh Conspiracy:
“I’m pleased to say that the criminal charges against Aaron Walker, arising from his blogging about Brett Kimberlin, have been dropped by the prosecutors, as the Maryland criminal court records system (sorry, no direct link, but you can search) confirms.
I’m continuing to consult with Walker and his lawyer on getting a reversal of the “peace order” that appears to ban Walker from blogging more about Kimberlin.
Ipso Fatso (7434b9) — 6/15/2012 @ 11:32 am