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Tuesday, June 5, 2012

Aaron Walker, Brett Kimberlin, and Judge Cornelius Vaughey - Signs of the Times

Via Michelle Malkin.  (If you don't like Michelle Malkin, you can still follow her links to the sources)
Where are all of the flag-burners and finger flippers when free speech is truly - and viciously - shut down by court order?  The outrage that has unfolded in the wake of convicted felon bomber Brett Kimberlin's false 911 call that triggered a SWAT response to conservative blogger Aaron Walker's home has blatently violated Walker's first amendment rights.

Walker was arrested for blogging about a public figure.

Judge Vaughey:  "Well, forget Brandenburg [Brandenburg v. Ohio, a landmark Supreme Court First Amendment case].  Let's go with Vaughey right now..."

You can read a fuller transcript here.  What we have here is a liar and a terrorist in cahoots with a maverick judge, who threatens to jail Walker for simply making legitimate objections. 

"THE COURT: So what I’m going to do is I am going to pass this Peace Order, and it’s going to remain in effect, sir, for six months. So this is May 15, [inaudible] June, July, August, September, October, November–

WALKER: –Your Honor, if I could say one thing here–

THE COURT: –No, you can’t. Now, you — that’s what you’ve got *** the Appeals Court’s over there.

WALKER: Okay, Your Honor.

THE COURT: Okay. All right, sir, this Order shall remain in effect until 11-15 2012. During that period of time, you not — shall commit any act that causes in person (ph) fear and apprehension of bodily harm, any act that places the gentleman in fear and apprehension of grave bodily harm, any assault, rape, attempted rape, sex offense, false imprisonment, harassment, stalking, [inaudible] or malicious destruction of property. The Respondent shall not contact the person in person, by telephone, in writing or any other means, and any other means is putting it on a blog, a Tweet, a megaphone, a — smoke signals — what else is out there — sonar, radar, laser, nothing.

WALKER: So I’m not allowed to speak about him for 6 months? How about the First Amendment?

THE COURT: How many times have you been interrupting? And you shall not contact or harass him in any way. You shall not enter his residence, wherever he may be living. You shall remain away from his place of employment, wherever that may be, he may be employed.
Now, let me get to the — now, should this — should you violate this order, sir, you are subject to being prosecuted by the state’s attorney’s office as a criminal case, and if found guilty, the maximum penalty for the first violation is 90 days in jail and/or it’s a $500 fine, could be a $1,000 fine. Or worse than that, you could be in contempt of this court, where you could — I could do anything that I deem necessary to keep you away from — or e-mailing him or Twitting him or Googling him or Tooting him or smoking (ph) him, whatever phrase you use. I don’t know if [inaudible]. Thank you [inaudible]."

This is the kind of thing that one expects to hear about in Nazi Germany and the old Soviet Union.

And if you think this is an isolated case, go sit in on a few cases in the Pima County (AZ) Superior Courts.  More to come.

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