The Brett Kimberlin Saga:

Follow this link to my BLOCKBUSTER STORY of how Brett Kimberlin, a convicted terrorist and perjurer, attempted to frame me for a crime, and then got me arrested for blogging when I exposed that misconduct to the world. That sounds like an incredible claim, but I provide primary documents and video evidence proving that he did this. And if you are moved by this story to provide a little help to myself and other victims of Mr. Kimberlin’s intimidation, such as Robert Stacy McCain, you can donate at the PayPal buttons on the right. And I thank everyone who has done so, and will do so.

Tuesday, November 25, 2014

Remembering Brandenburg v. Ohio in Ferguson: Actual and Near-Incitement as a City Burns

Let us start with the actual incitement.  Via The Blaze we have the reaction of Mike Browns’ parents, including his step father, Louis Head, shouting “burn this b-tch down!”  Which we all know is what they proceeded to do.

Watch for yourself, below the fold:

Regular readers know that Brett Kimberlin unconstitutionally silenced me in 2012 on the legal theory that peaceful criticism of a person was incitement to violence.  I wrote about that experience in a series of posts, here, but suffice to say that if that was actually the law, it would be the end of Freedom of Expression.  For instance, by his theory, Richard Nixon could have enjoined Woodward and Bernstein from investigating and writing about him, lest it “incite” violence against him.

Of course, this is not the law.  In Brandenburg v. Ohio, the Supreme Court set up a test for what can be constitutionally prohibited as incitement:

the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.

I hadn’t even reached the first step in that test: I have never advocated violence against him.  But Mr. Head?  I think there could be no more pure example of incitement.

So...  arrest Mr. Head.  Well, not so fast.  Brandenburg doesn’t make true incitement illegal.  It merely says that a state can make true incitement illegal.  And I can’t find any law that fits the description.  For instance, if you go through the different statutes in their chapter on “Offenses Against Public Order” none of the statutes seem to fit.  For instance, this is what their statute says on Rioting:

574.050. 1. A person commits the crime of rioting if he knowingly assembles with six or more other persons and agrees with such persons to violate any of the criminal laws of this state or of the United States with force or violence, and thereafter, while still so assembled, does violate any of said laws with force or violence.

Agreement, every lawyer will tell you is a meeting of the minds (“Hey, caps, let’s go have a riot!”  “Capital idea!”).  Mr. Head isn’t agreeing with anyone to Riot.  He is telling them to riot.

The statute punishing “Promoting Civil Disorder” seems like a more logical fit, but it also fails to hit the mark.  It says in relevant part:

Whoever teaches or demonstrates to any other person the use, application, or construction of any firearm, explosive, or incendiary device capable of causing injury or death to any person, knowing or intending that such firearm, explosive, or incendiary device be used in furtherance of a civil disorder, is guilty of the crime of promoting civil disorder in the first degree.

In other words, it is about planners, which doesn’t apply.  Likewise, the closest thing covered by “Peace Disturbance” is “fighting.”  But inciting is not fighting.

I am reluctant to say that it is legal, but at the moment I can’t find how it is illegal under Missouri Law.  Feel free to let me know if you find a statute that does cover this kind of incitement.

Meanwhile, we have what I referred to as “near incitement.”  There is conduct that is not legally incitement, that is still irresponsible.  We are granted freedom of speech not because the founders didn’t think speech was often irresponsible, but because they didn’t trust government to patrol the line.  A good example of this is doxxing: it is often legal, but utterly immoral.  And that is what the NY Times and Slate did to Darren Wilson (via IBTimes, which has annoying auto-starting video ads):

Wilson received death threats after he was identified as the officer who shot Brown, and as community members and activists plan to protest if he is not indicted, the location of his home could potentially endanger him, his new wife, and his property if the protests result in violence, some of his defenders say. Wilson’s home address is a matter of public record, and it has been published in numerous media reports beginning in August.

But printing his street name in the nation’s most influential newspaper on the day the grand jury is expected to hand up a decision on the indictment could reignite interest in -- and awareness of -- the location, and some critics worry that it could result in protesters descending on his home. Slate even went a step further than the Times, publishing an article featuring a photo of the modest, red-brick house on Monday.

Probably realistic, Wilson has figured out he can never go back to that house again.  But if anyone dies in that neighborhood, that isn’t a crime, but that is still on the heads of the NY Times, Slate, and anyone else who published his address.

Meanwhile the rioting turned uniquely tragic for one store owner.  This whole thing started with Brown robbing a liquor store.  And guess which store was looted?  Read the whole thing.


My wife and I have lost our jobs due to the harassment of convicted terrorist (and adjudicated pedophile) Brett Kimberlin, including an attempt to get us killed and to frame me for a crime carrying a sentence of up to ten years.  I know that claim sounds fantastic, but if you read starting here, you will see absolute proof of these claims using documentary and video evidence.  If you would like to help in the fight to hold Mr. Kimberlin accountable, please hit the donation link on the right.  And thank you.

Follow me at Twitter @aaronworthing, mostly for snark and site updates.  And you can purchase my book (or borrow it for free if you have Amazon Prime), Archangel: A Novel of Alternate, Recent History here.  And you can read a little more about my novel, here.



I have accused some people, particularly Brett Kimberlin, of reprehensible conduct.  In some cases, the conduct is even criminal.  In all cases, the only justice I want is through the appropriate legal process—such as the criminal justice system.  I do not want to see vigilante violence against any person or any threat of such violence.  This kind of conduct is not only morally wrong, but it is counter-productive.

In the particular case of Brett Kimberlin, I do not want you to even contact him.  Do not call him.  Do not write him a letter.  Do not write him an email.  Do not text-message him.  Do not engage in any kind of directed communication.  I say this in part because under Maryland law, that can quickly become harassment and I don’t want that to happen to him.

And for that matter, don’t go on his property.  Don’t sneak around and try to photograph him.  Frankly try not to even be within his field of vision.  Your behavior could quickly cross the line into harassment in that way too (not to mention trespass and other concerns).

And do not contact his organizations, either.  And most of all, leave his family alone.

The only exception to all that is that if you are reporting on this, there is of course nothing wrong with contacting him for things like his official response to any stories you might report.  And even then if he tells you to stop contacting him, obey that request.  That this is a key element in making out a harassment claim under Maryland law—that a person asks you to stop and you refuse.

And let me say something else.  In my heart of hearts, I don’t believe that any person supporting me has done any of the above.  But if any of you have, stop it, and if you haven’t don’t start.

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