creating a false narrative
that Petitioner forged medical records and photosto frame Mr. Walker for an assault that three judges have found occurred
and then posted that defamatory information on the Internet to inciteextremists to cause Petitioner physical harm, serious alarm, harassment andannoyance. Defamation is not protected speech.5.
Mr. Walker, contrary to what he says in his motion, did, as Judge Vaugheyfound, contact Petitioner directly in order to harass him. In his blog posts andon his Twitter page, he addressed Petitioner directly. He knew that his posts
and tweets would end up in Petitioner’s email box,
and taunted Petitioner to
turn off “his Google
alerts.” This is akin to telling
someone to shut off theirphone or stop their mail service if they did not want to receive harassing callsor mail.6.
In a post on May 20, 2012, Mr. Walker blogged the following:
And yes, Brett Kimberlin will pay for the crimes he committed against me
the justice system will catch up to him again.
That’s not a threat, that’s apromise….
But wow, it has been really impressive the way this has kicked up
a hornet’s nest of tr
ouble for Kimberlin. The Army of Davis is out in full force
and it is awesome. ….Of course, I had warned Kimberlin that this wouldhappen … a few months ago when he claimed that he just wanted to be left alone….”
Petitioner received dozens of threats, many threatening death, if Petitionershowed up in court against Mr. Walker or talked to the police. Exhibit C.Several of those threats specifically stated that they were being sent on behalf of Mr. Walker. Id. Several others discussed using weapons against Petitioner.Exhibit D.