Case 8:12-cv-01852-JFM Document 2 Filed 06/22/12 Page 1 of 3 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Greenbelt

Division ____________________________________ ) AARON WALKER ) ) ) ) ) ) ) ) )

Petitioner, v. BRETT KIMBERLIN ) )

Civil Case No. _________________

Respondent. ) ____________________________________) EMERGENCY MOTION FOR PRELIMINARY INJUNCTIVE RELIEF 1. Petitioner Aaron Walker respectfully moves this Court for the entry of an emergency preliminary injunction enjoining the enforcement of the May 29, 2012 final peace order issued by the District Court of Maryland for Montgomery County (“Order”). The Order enjoins Walker, an investigative journalist, media entity, publisher and writer from exercising his fundamental First Amendment rights because of Respondent Brett Kimberlin’s alleged fear for his safety supposedly generated by Walker’s peaceful reporting. The Order impermissibly infringes upon Walker’s free speech rights. The state court, through the Order, explicitly refused to follow controlling Supreme Court precedent regarding prior restraint of media outlets. Accordingly, the Order must be immediately enjoined to end the irreparable and ongoing harm to Walker’s constitutional rights. 2. To refuse jurisdiction would be akin to a federal court allowing a state court to enjoin the Washington Post’s investigative reporting about the extensive corruption of local politician Jack Johnson should Johnson claim the news coverage might incite angry constituents. Kimberlin’s
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Case 8:12-cv-01852-JFM Document 2 Filed 06/22/12 Page 2 of 3 claim would be equally inapt, but for the abject failure of the state court to heed the Supreme Court in this matter, and despite a higher Maryland court rejecting this very notion less than two months earlier regarding the same parties.. Such a prior restraint upon a media entity as to the topics it may discuss is fundamentally incompatible with the First Amendment. 3. This motion is made and based upon Petitioner’s Complaint for Declaratory and Injunctive Relief and the Points and Authorities that follow. Petitioner respectfully requests that this motion be heard on an emergency and if necessary ex parte basis, that the Court immediately enjoin the enforcement of the Order, and that the Court establish a briefing schedule so that this motion may be resolved expeditiously.
Respectfully submitted,

Dated June 22, 2012

T. Bruce Godfrey USDC District of Maryland Bar #24596 Office of Bruce Godfrey Mill Run Circle, Suite 400 Mills, MD 21117 561-6061 godfrey@brucegodfrey.com mile: (888) 241-3135 Dan Backer, Esq.* Stephen M. Hoersting, Esq. * DB Capitol Strategies PLLC 209 Pennsylvania Avenue SE Suite 2109 Washington, DC 20003 (202) 210-5431 dbacker@dbcapitolstrategies.com Attorneys for Plaintiffs *Motions for Pro Hac Vice to be filed.

Law 10451 Owings (410) facsi

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Case 8:12-cv-01852-JFM Document 2 Filed 06/22/12 Page 3 of 3

TABLE OF EXHIBITS
Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M Exhibit N Complaint, Kimberlin v Allen, et. al. Case No. V 339254 12/15/2011 Email from Kimberlin to “Aaron Worthing” (Walker) 01/03/2012 Letter from Kimberlin to Walker Attorney E. Kingsley Motion to Withdraw as Moot, Case No. V 339254 01/05/2012 Letter from Kimberlin to police and FBI re:Walker 01/09/2012 Kimberlin Application for a Statement of Charges v Walker 01/09/2012 Kimberlin Petition for a Peace Order against Walker 01/09/2012 Email from Kimberlin to Walker Attorney E. Kingsley 02/08/2012 Complaint in Kimberlin v Walker, Case #0601sp005392012 03/19/2012 Kimberlin Motion in Opposition to States’ Motion to Nolle Pros charges against Walker, No. 0D00276493 01/17/2012 Kimberlin Motion to Unseal Pleadings, Case No. V 339254 01/18/2012 Walker Emergency motion to Seal, Case No. V 339254 04/11/2012 Trial Transcript in Kimberlin v Walker, Civil No. 8444D 05/29/2012 Transcript in Vaughey hearing, Case #0601sp019792012

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