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Maryland Circuit Court Ruling Could Shut Down Twitter | Deep Brain Radio
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Maryland Circuit Court Ruling Could Shut Down Twitter, End Online Journalism
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WESTMINSTER, MD June 14 A Carroll County, Md., Circuit Court judge issued a ruling today that could have the effect of shutting down Twitter and all online journalism. Judge Thomas F. Stansfield ruled that using the popular social medias @ Reply feature was the same thing as sending a direct message. The ruling came at the end of a two-hour hearing in which William John Joseph Hoge of Westminster, Md., appealed the ruling of two previous district court judges denying his request for peace orders against Bill Schmalfeldt,a freelance broadcaster and journalist living in Elkridge, Md. Hoge argued that by including @WJJHoge in his tweets, Schmalfeldt was in effect sending messages directly to Mr. Hoge. Schmalfeldt argued that using the @ Reply feature on Twitter is not the same thing as sending a direct message, and that the person mentioned in the reply had the opportunity to take two seconds to block the offending tweeter. He never has to read a word I write, Schmalfeldt said. All he has to do is block me, and I dont exist as far as hes concerned. Under direct questioning, Hoge admitted he chose to not block Schmalfeldts Twitter feed, Because I like to see what hes writing about.

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The judges ruling could have a chilling effect on the social media giant. With this precedent being set, any person on Twitter who wishes to silence an opponent only needs to file a peace order (or restraining order) against the individual and thus ensure that the person is unable to use the full features available on Twitter. Schmalfeldt suffers from Parkinsons disease, a progressive neurological condition that forced him to retire from his position as a writer/editor with the National Institutes of Health in 2011. Now a freelance broadcaster and journalist, Schmalfeldt testified that the @ Reply function was not a direct messaging tool Twitter has a direct message feature. He said by using @WJJHoge in his tweets, he was sending messages that would show up in the Twitter timelines of anyone who was interested in news about Mr. Hoge. Ive only used it to respond to lies Hoge tells about me on his blog, because Hoge does not allow me to correct his lies in the comment section of his blog, Schmalfeldt said.
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Its not hard to imagine that once the word of this ruling gets out, anyone engaged in a flame war with someone on Twitter could march down to the court house and take out criminal charges against the person who wrote the offending Tweet, Schmalfeldt said. He said he believed this would have the effect of ending freedom of speech on Twitter.

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Flame wars have just been deemed illegal, Schmalfeldt said of the ruling. Any person who finds a journalists questions to be annoying can now demand that the journalist stop all contact and then file criminal charges against the journalist if he or she continues to pursue a story. Judge Stansfield said Schmalfeldts responses to the things Hoge had written about him on his blog, using the @ Reply feature, rose to the level of harassment under Maryland law. In his testimony, Hoge said that the reason Carroll Countys States Attorney threw out four previous criminal charges against Schmalfeldt were a result of the two previous district court rulings denying his peace order requests. The petitioner, Mr. Hoge, was unavailable for comment. The ruling forbids Schmalfeldt from contacting Hoge in any fashion for six months.
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Maryland Circuit Court Ruling Could Shut Down Twitter | Deep Brain Radio
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Using the @Reply feature on Twitter? Be careful. You might be breaking the law. patriot-ombudsman.com/2734/maryland-

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Deep Brain Radio @RadioSlappy Judge rules for #Hoge, effectively shuts down Twitter flame wars. patriot-ombudsman.com/2734/maryland-

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If you use the @ reply on Twitter in a flame war, you are now subject to criminal charges, thanks to judge's ruling. patriot-ombudsman.com/2734/maryland-

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