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Motion to Appear as Amicus _Copyright Case

Motion to Appear as Amicus _Copyright Case

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Published by AaronWorthing
My motion to for leave to appear as amicus in Brett Kimberlin v. Kimberlin Unmasked. Get the whole story, here: http://allergic2bull.blogspot.com/
My motion to for leave to appear as amicus in Brett Kimberlin v. Kimberlin Unmasked. Get the whole story, here: http://allergic2bull.blogspot.com/

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Published by: AaronWorthing on Feb 28, 2014
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06/09/2014

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U
NITED
S
TATES
D
ISTRICT
C
OURT
 F
OR THE
D
ISTRICT OF
M
ARYLAND
 G
REENBELT
D
IVISION
 BRETT KIMBERLIN, Plaintiff v. Case No. RWT 13 CV2580 ANONYMOUS BLOGGER KIMBERLIN UNMASKED, Defendant MOTION
 
OF
 
AARON
 
J.
 
WALKER,
 
ESQ.
 
TO
 
FILE
 
AN
 
OPPOSITION
 
AND
 
MOTIONS
 
AS
 
 AMICUS
 
CURIAE
 
IN
 
SUPPORT
 
OF
 
DEFENDANT
COMES NOW Aaron J. Walker, Esq., and hereby moves this court for leave to file two motions and an opposition as an
 Amicus Curiae
 in support of the anonymous writer or writers known as Kimberlin Unmasked and states the following: 1.
 
The Plaintiff has filed an abusive lawsuit against an unknown anonymous critic or critics who write as Kimberlin Unmasked. The purpose of this suit is not to vindicate the right of copyright—  because upon information and belief, the Plaintiff does not personally own the copyright to any of the relevant materials, and each use is protected as obvious fair use. Instead, the purpose of this case is to silence and punish one or more critics who write as Kimberlin Unmasked. 2.
 
The Plaintiff has filed, on February 18, 2014, a “Verified Motion to Find That Defendant KimberlinUnmasked Has Been Served Under Federal Rule Of Civil Procedure 4(e)(1) and Maryland Rule of Civil Procdure [sic] 2-121.”
 
 2 3.
 
That motion relied on a document that appears to be forged.
 This allegation might seem shocking, but the Plaintiff is in fact a convicted document forger. In
U.S. v. Kimberlin
, the court described how the instant Plaintiff was arrested at a printing establishment with forged documents that included the Presidential Seal: [FBI Agent] Lucas had been called to a printing establishment. He observed defendant [Kimberlin] wearing clothing with badges and insignia. The insignia was identical to that of the Security Police of the Defense Department. Defendant had in hand a facsimile of the Presidential Seal and other documents, one or more of which he attempted to chew up. He had been at the establishment the day before to have copies of the documents  printed. He had been wearing the same clothing. At the printer’s instructions, he had returned to give final approval of the layout. 805 F.2d 210, 228 (7
th
 Cir. 1986). The evidence of forgery in the instant case is presented in the  proposed
 Amicus
 Opposition of Aaron J. Walker, Esq. to Plaintiff’s Motion to Find Kimberlin Unmasked has been Served,” attached as Proposed Filing A. It should be noted that this is one of three cases the Plaintiff has filed recently, and he has been caught forging documents related to service of  process in the other two cases as well, in one instance engaging in precisely the same type of forgery. Defendants will be seeking redress in the form of criminal charges. 4.
 
However, upon information and belief, the writer or writers known as Kimberlin Unmasked have not been able to obtain counsel in this case. Therefore, as demonstrated in the attached  proposed
 Amicus
 Motion of Aaron J. Walker, Esq. to Allow Defendant(s) to File Anonymously,” (“Mot. to File Anonymously,” attached as Proposed Filing B), Kimberlin Unmasked has no way of appearing in this court and contradicting the Plaintiff’s lies and forgeries without giving up his/her/their right to anonymous speech. 5.
 
Mr. Walker seeks leave to file as
amicus
 in order to prevent a substantive injustice.
 
 3
I. LEAVE TO FILE AN AMICUS IS APPROPRIATE
6.
 
This Honorable Court has allowed
amicus curiae
 participation where
amicus
 “provide[s] helpful analysis of the law, ... they have a special interest in the subject matter of the suit, ... or existing counsel is in need of assistance.”
 Bryant v. Better Bus. Bureau of Greater Maryland 
, 923 F.Supp. 720, 728 (D. Md., 1996). Although only one factor is necessary to justify granting of such leave, all three factors are present here.
A. Mr. Walker Has a Special Interest in the Subject Matter of the Suit
7.
 
Mr. Walker is a Yale-Law-School-educated attorney who has a deep commitment to freedom of expression and freedom of religion. This is a commitment to something greater than just the First Amendment because, even as incorporated through the Fourteenth Amendment, the First Amendment still only limits
government 
 action. It provides no protection against private violence or  private threats of violence designed to silence others or to coerce their religious expression. As an attorney, Mr. Walker has helped many persons whose freedom of expression was threatened through abusive lawsuits and threats of such suits. As a citizen, he has helped in protests designed to protect freedom of speech in practical ways.
1
 
1
 For instance, Mr. Walker was one of many organizers of the Everyone Draw Mohammed Day protest in 2010. This protest grew up in light of the increasing problem of Islamofascist terrorists threatening to murder any person who was deemed to have blasphemed Mohammed, a central figure in the Islamic faith. According to these terrorists, any depiction of Mohammed, however benign, was blasphemous and they specifically threatened to murder the creators of the TV show
South Park 
 for their inoffensive depiction of Mohammed. Accordingly the participants in the Everyone Draw Mohammed Day protest decided to commit the same “offense” as the creators of
South Park 
 by making their own drawings of Mohammed—some objectively offensive and some not—and thus make it, as a practical matter, impossible to carry through on their threat to kill every person who depicted Mohammed. Mr. Walker  proudly participated in this protest and served as a minor organizer in it. In order to better understand

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