First, the pro se motion was directed at a single judge whereas the blog post was directed at nine judges. Second, the Georgia motion was directed at the lowest level federal judge while the blog post was directed at the country’s highest ranking judges. Third, no one with the possible exception of a judge’s law clerk reads pro se motions. On the other hand, “Hercules and the Umpire” is a popular blog read by thousands. (The Hobby Lobby post elicited 314 comments.) Fourth, the federal judicial code requires judges to “act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.” No similar ethics rule binds pro se litigants. Fifth, the pro se motion, in effect, states that the court is worthless. Well, everyone is entitled to their opinion. But the federal judge’s blog post not only questions the integrity of the Court but goes further and demands that the Justices not exercise their God-given rights guaranteed by the First Amendment.
So, on balance, the pro se litigant probably should not receive worse punishment than the judge who authored the blog post. And yes, that would be no punishment.