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VAPA Knocks Down Cyberstalking Law in Federal Court!

OneHorn

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OneHorn

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When Clarence Moriwaki supporters including State Senator Christine Rolfes (who credits Moriwaki with starting her political career) could not get Facebook to shut the page down (Facebook responded to at least 50 people that the page did not violate community standards according to Moriwaki court testimony), he went to the police and claimed he was being cyberstalk

Bainbridge Island Municipal Court Judge Sara McCulloch issued a temporary protection order forcing VAPA and his wife to turn over all firearms to the Bainbridge Island Police Department and a police officer then sent Moriwaki a list of all weapons seized which Moriwaki broadcast all over social media.  Additionally, Judge McCulloch forced VAPA from being able to access a portion of his own private property (his condo is nearby to the condo rented by Moriwaki), excluded him from civic events in the small port town and censored his speech online and forced him to take down the Not Clarence Moriwaki of Bainbridge Island Facebook page.  Court records show Moriwaki's evidence was gathering everything he could find from VAPA's previous decade of social media postings with one inexplicably glaring social media hole (a small Texas website that is now a ghost town with scat photos).

Washington State's cyberstalking law makes it a crime to post anything, anywhere, in email or in any other digital format anonymously or repeatedly with the intent to embarrass a person even if the person does not read the embarrassing post.  Penalty includes up to a year in jail and a fine.

VAPA appealed with the pro bono help of UCLA law professor, Eugene Volokh, and got the order from Judge Sara McCulloch vacated as unconstitutional.  They then sued in federal court supported by the ACLU of Washington and the Electronic Frontier Foundation and earlier this week a federal court knocked down the Washington State cyberstalking law as a violation of the First Amendment.

The "Not Clarence Moriwaki of Bainbridge Island" Facebook page has now been re-published and rumor has it VAPA is almost finished with a new website MoriwakiVRynearson.Com that will further discuss his criticisms of the man who peddles lessons about manufactured fear resulting in excluding neighbors from their homes in violation of their constitutional rights.

After his two legal victories, VAPA was quoted as saying, "Thank God they didn't find the Shag!"

Sources:

https://reason.com/volokh/2018/01/11/court-vacates-order-banning-memes-that-u


https://reason.com/volokh/2019/02/22/cyberstalking-ban-violates-the-first-ame

https://youtu.be/jue_KaDxHNc

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OneHorn

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Video cut off the intro for some reason.  This all began when VAPA criticized Clarence Moriwaki because Clarence Moriwaki represents a public Bainbridge Island Japanese American Exclusion Memorial which has as its motto "let it not happen again" yet:

a) vocally supports his personal friend and former boss, Jay Inslee, and other politicians who literally passed a law giving the president the power to have the military arrest Americans in America without charge or trial and indefinitely detain them (NDAA of 2012)

b) uses the memorial platform to criticize Republicans but not Democrats

c) was silent about the NDAA of 2012

d) refused to publicly support State Bill 5176 that would block the NDAA power to round people up in Washington

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OneHorn

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Anyway, I don't have time to spank MDMost or his limp noodle friends.  I'm not here to be the one and only male role model for his kids or anything or to teach them that real men do actually exist.  Not my place to get involved in another's family life like that.

Nah, I just wanted to pass along this example of a free speech victory and assure you assholes that you're all safe now in Washington State thanks to our old friend VAPA.  Miss that guy.  So many good times watching him absolutely own MDmost beta males.  Anyway, I've rambled on long enough!

If you see that guy, VAPA, please pass my regards and my thanks for defending my freedom against lesser men.  As usual.

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OneHorn

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Yeah that VAPA and his armored car!  That car featured centrally in the court audio fear for Mr. Moriwaki's life even though he knew noting about the car until he discovered its existence online.

My take on listening to the court audio is Moriwaki just lifted a bunch of complaints on the Shag as reason VAPA should be disarmed, censored, and excluded from the small town.  Not sure if that's plagiarism or not, GatorUBet might chime in.

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OneHorn

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1 hour ago, PilotsError said:

Still the king of getting everyone to hate you over an issue most of us would support you on.  Cheers.

Take a look at that sentence and see why it's false.  Men of principle don't have a dress code when it comes to supporting principled positions.

You're a punk no matter how many police abuse posts you create and you always will be.  Don't worry, your superiors will defend freedom for you.  You just relax.

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bernorange

bernorange 8377

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On 2/24/2019 at 7:46 AM, OneHorn said:

After his two legal victories, VAPA was quoted as saying, "Thank God they didn't find the Shag!"

I checked the source links and couldn't corroborate this assertion.  :p

Congrats on your recent legal victories.  Nice to see that the EFF, ACLU and E.V. all stepped in to help. 

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OneHorn

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4 hours ago, bernorange said:

I checked the source links and couldn't corroborate this assertion.  😛

Congrats on your recent legal victories.  Nice to see that the EFF, ACLU and E.V. all stepped in to help. 

I share your joy for VAPA's victory and you're right it's OUR legal victory, all of us, we all won, since it vindicated our right to embarrass the shit out of Rocko.  Although I'd take Rocko any day over GatorUBet or TwiceHorn or SkipperJ.

Long time lurker, first time poster.

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elfenix

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18 hours ago, Eastwood said:

I was thinking the other day how nice it was that Rocko and mini had not come to Surly. Is VAPA the first wave of the dismal tide?

rocko came here and was quickly run off. 

 

edit: after a search i'm no longer sure

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Hate

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Imagine someone who wakes up and tries to find every possible way to be aggrieved by as many people as possible and then goes out of their way to be aggrieved so that they can sue someone only so that he can point out to other people how intelligent he is because he found a way to be aggrieved.

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OneHorn

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17 hours ago, Iconoclast Texan said:

Can someone please fill me in on the VAPA backstory. What was he known for, why was he run off, etc. 

He was a military pilot who resigned his commission five years from retirement while refusing to assassinate an American citizen without charge or trial who used to rant and rave here about the nation murdering Americans without due process and legalizing imprisoning them without charge or trial.  In the beginning he had pretty good support from some with the usual bootlickers caricaturing him as the fringe militia type nutter.

He posted here anonymously until he sent in a donation to support the board and within 12 hours of that donation that contained his identity, HitBy began posting his name on the board.  That eventually led to unmasking his wife, a lawyer who clerked for a justice of the SCOTUS, along with indecent comments about her.  SkipperJ even sent her emails at her work despite her having no involvement on the Shag.  Classy stuff.

Things went further downhill for "crazy VAPA" when he discussed his litigation against suspicion less checkpoints on the interior of the country (not on a border) from a 34 minute checkpoint stop near Del Rio where agents didn't accept his DL, military ID, or two passports and where he answered all questions despite delaying him to call his military commander.  He lost at the Fifth Circuit when only one judge correctly did her job with a dissent.  The ACLU later flew him to DC to give testimony to Congress about the affair where a Congressman apologized to him on behalf of the federal government.  VAPA wasn't appreciate enough of the fine legal opinions offered here and the mantra about hating him despite "agreeing" with him was born, where those who pretend to care about liberty and our Constitution could unleash their inner bootlicker against somebody who took a stand.

VAPA didn't suffer fools lightly and there was a lot of hatred for the guy.  Hell, I hated him too.  He made me feel small about myself despite my witty internet retorts.  Good riddance I say!

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Kyle

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1 hour ago, OneHorn said:

He was a military pilot who resigned his commission five years from retirement while refusing to assassinate an American citizen without charge or trial who used to rant and rave here about the nation murdering Americans without due process and legalizing imprisoning them without charge or trial.  In the beginning he had pretty good support from some with the usual bootlickers caricaturing him as the fringe militia type nutter.

He posted here anonymously until he sent in a donation to support the board and within 12 hours of that donation that contained his identity, HitBy began posting his name on the board.  That eventually led to unmasking his wife, a lawyer who clerked for a justice of the SCOTUS, along with indecent comments about her.  SkipperJ even sent her emails at her work despite her having no involvement on the Shag.  Classy stuff.

Things went further downhill for "crazy VAPA" when he discussed his litigation against suspicion less checkpoints on the interior of the country (not on a border) from a 34 minute checkpoint stop near Del Rio where agents didn't accept his DL, military ID, or two passports and where he answered all questions despite delaying him to call his military commander.  He lost at the Fifth Circuit when only one judge correctly did her job with a dissent.  The ACLU later flew him to DC to give testimony to Congress about the affair where a Congressman apologized to him on behalf of the federal government.  VAPA wasn't appreciate enough of the fine legal opinions offered here and the mantra about hating him despite "agreeing" with him was born, where those who pretend to care about liberty and our Constitution could unleash their inner bootlicker against somebody who took a stand.

VAPA didn't suffer fools lightly and there was a lot of hatred for the guy.  Hell, I hated him too.  He made me feel small about myself despite my witty internet retorts.  Good riddance I say!

Sorry to be dense ... he sent in financial support to the site and then admins doxxed him?

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AUS-97HORN

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3 hours ago, OneHorn said:

He was a military pilot who resigned his commission five years from retirement while refusing to assassinate an American citizen without charge or trial who used to rant and rave here about the nation murdering Americans without due process and legalizing imprisoning them without charge or trial.  In the beginning he had pretty good support from some with the usual bootlickers caricaturing him as the fringe militia type nutter.

He posted here anonymously until he sent in a donation to support the board and within 12 hours of that donation that contained his identity, HitBy began posting his name on the board.  That eventually led to unmasking his wife, a lawyer who clerked for a justice of the SCOTUS, along with indecent comments about her.  SkipperJ even sent her emails at her work despite her having no involvement on the Shag.  Classy stuff.

Things went further downhill for "crazy VAPA" when he discussed his litigation against suspicion less checkpoints on the interior of the country (not on a border) from a 34 minute checkpoint stop near Del Rio where agents didn't accept his DL, military ID, or two passports and where he answered all questions despite delaying him to call his military commander.  He lost at the Fifth Circuit when only one judge correctly did her job with a dissent.  The ACLU later flew him to DC to give testimony to Congress about the affair where a Congressman apologized to him on behalf of the federal government.  VAPA wasn't appreciate enough of the fine legal opinions offered here and the mantra about hating him despite "agreeing" with him was born, where those who pretend to care about liberty and our Constitution could unleash their inner bootlicker against somebody who took a stand.

VAPA didn't suffer fools lightly and there was a lot of hatred for the guy.  Hell, I hated him too.  He made me feel small about myself despite my witty internet retorts.  Good riddance I say!

you do understand that Surlyhorns is not, the same thing as shaggybevo/ shaggytexas... correct?

 

if you want to complain about that site, its under new management, and I am sure they would love to have you return and rant over there instead.

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High Plains Drifter

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Is he the guy who had his car all wired up with cameras and mics in all directions, real-time GPS, instant up load to the cloud of speed, location, video etc?

And I fucking hate those BP checkpoints. They are straight up fucking bullshit.

 

Anyway, can somebody give a straight forward analysis of the cyber stalking law? And why the "knockdown" is a good thing? Not a shaggy legal eagle, so please type slowly.

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TwiceHorn

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9 minutes ago, High Plains Drifter said:

Is he the guy who had his car all wired up with cameras and mics in all directions, real-time GPS, instant up load to the cloud of speed, location, video etc?

And I fucking hate those BP checkpoints. They are straight up fucking bullshit.

 

Anyway, can somebody give a straight forward analysis of the cyber stalking law? And why the "knockdown" is a good thing? Not a shaggy legal eagle, so please type slowly.

A law violates the First Amendment if it prohibits or attaches a penalty to speech that is protected by the First Amendment.  The law in question provided:

Quote

A person is guilty of [criminal] cyberstalking if he or she, with intent to harass, intimidate, torment, or embarrass any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to such other person or a third party:

(a) Using any lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of any lewd or lascivious act;

(b) Anonymously or repeatedly whether or not conversation occurs; or

(c) Threatening to inflict injury on the person or property of the person called or any member of his or her family or household.

Items a) and c) refer to unprotected speech.  Item b) encompasses protected speech and thus violates the First Amendment.

Quote

[Subsection b's] breadth—by the plain meaning of its words—includes protected speech that is not exempted from protection by any of the recognized [First Amendment exceptions, namely obscenity, defamation, fraud, incitement, true threats, and speech integral to criminal conduct] ... [It] criminalizes a large range of non-obscene, non-threatening speech, based only on (1) purportedly bad intent and (2) repetition or anonymity.

When statutory terms are undefined, Washington courts generally give them their ordinary meaning, including the dictionary definition. The dictionary definition of "harass" includes "to vex, trouble, or annoy continually or chronically," and the meaning of "torment" incudes "to cause worry or vexation to." "Embarrass" means "to cause to experience a state of self-conscious distress." As a result even public criticisms of public figures and public officials could be subject to criminal prosecution and punishment if they are seen as intended to persistently "vex" or "annoy" those public figures, or to embarrass them....

Moreover, the Supreme Court has consistently classified emotionally distressing or outrageous speech as protected, especially where that speech touches on matters of political, religious or public concern. This is because "in public debate our own citizens must tolerate insulting, and even outrageous, speech in order to provide 'adequate breathing space' to the freedoms protected by the First Amendment." ...

 

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sidis

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5 hours ago, OneHorn said:

He was a military pilot who resigned his commission five years from retirement while refusing to assassinate an American citizen without charge or trial who used to rant and rave here about the nation murdering Americans without due process and legalizing imprisoning them without charge or trial.  In the beginning he had pretty good support from some with the usual bootlickers caricaturing him as the fringe militia type nutter. 

He posted here anonymously until he sent in a donation to support the board and within 12 hours of that donation that contained his identity, HitBy began posting his name on the board.  That eventually led to unmasking his wife, a lawyer who clerked for a justice of the SCOTUS, along with indecent comments about her.  SkipperJ even sent her emails at her work despite her having no involvement on the Shag.  Classy stuff. 

Things went further downhill for "crazy VAPA" when he discussed his litigation against suspicion less checkpoints on the interior of the country (not on a border) from a 34 minute checkpoint stop near Del Rio where agents didn't accept his DL, military ID, or two passports and where he answered all questions despite delaying him to call his military commander.  He lost at the Fifth Circuit when only one judge correctly did her job with a dissent.  The ACLU later flew him to DC to give testimony to Congress about the affair where a Congressman apologized to him on behalf of the federal government.  VAPA wasn't appreciate enough of the fine legal opinions offered here and the mantra about hating him despite "agreeing" with him was born, where those who pretend to care about liberty and our Constitution could unleash their inner bootlicker against somebody who took a stand. 

VAPA didn't suffer fools lightly and there was a lot of hatred for the guy.  Hell, I hated him too.  He made me feel small about myself despite my witty internet retorts.  Good riddance I say! 

thanks for the rundown, not vapa.  one thing i am genuinely curious about is why you say you resigned five years early citing a letter dated in october 2011 but then had a retirement party in july 2016 with your rank of major listed?  honest question.

man, between the three known pilots on here (pilotserror, daysoff, and vapa), you guys are some angry, angry motherfuckers.  i wonder what it is that transitions the god complex into being so. fucking. bitter.  so help me god, if futureman turns out to be a pilot as well, i am flying myself from now on.

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OneHorn

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25 minutes ago, sidis said:

thanks for the rundown, not vapa.  one thing i am genuinely curious about is why you say you resigned five years early citing a letter dated in october 2011 but then had a retirement party in july 2016 with your rank of major listed?  honest question.

man, between the three known pilots on here (pilotserror, daysoff, and vapa), you guys are some angry, angry motherfuckers.  i wonder what it is that transitions the god complex into being so. fucking. bitter.  so help me god, if futureman turns out to be a pilot as well, i am flying myself from now on.

I wouldn't know.  I suspect VAPA is angry because he gets listed along with limp noodles like PilotsError, and PilotsError is angry because he's not VAPA.  But I'm just guessing.

His signed resignation wasn't accepted according to the FOIA documents posted online.

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