May 29, 2012

J. CHRISTIAN ADAMS: Brett Kimberlin Hearing Devolves Into Farce. If I read this correctly, Aaron Walker is in trouble because Kimberlin claims that his blogging has somehow led to other people making death threats. That doesn’t seem to pass the First Amendment smell test. Only if Walker were inciting those threats in a way that passed Brandenburg scrutiny would that work, and I don’t believe that’s the case at all. At any rate, under this approach George Zimmerman ought to be able to jail any number of journalists. . . .

UPDATE: More here. Also here. The judge seems unclear on how the Internet works.