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First Amendment – 1: Speedway Bomber (Brett Kimberlin) – 0

The Speedway Bomber, a/k/a Brett Kimberlin, has been waging lawfare against the First Amendment.   Yesterday, the First Amendment prevailed, from David Hogberg, Investor’s Business Daily [1]:

Back on May 29, Judge C.J. Vaughey of District Court of Maryland for Montgomery County signed a peace order against attorney Aaron Walker, preventing him from writing anything about convicted Speedway Bomber Brett Kimberlin. For more on that incident, go here. For more on Kimberlin, go here.

Today both parties were back in court in front of Appellate Judge Nelson Rupp. This time, Walker was represented by attorney Reginald Bours.

Kimberlin made a number of statements, but his basic argument boiled down to Walker wanted to encourage people to blog about Kimberlin to incite others to harass him and send him death threats. As evidence, Kimberlin again had pages of Twitter feeds and blog posts.

This time, though, Judge Rupp did something extraordinary that Judge Vaughey did not. He actually looked at the evidence Kimberlin presented. After looking at them, Rupp declared, “I see nothing in here that threatens you personally.”

Imagine that. A judge actually reads the evidence. Who’d have thought!