The advocates of the neo-Nazi web site of the publisher and woman of Montana asked Tuesday for a judge will decide if white nationalists had the right to the first amendment to the outbreak of “storm trolls” anti-Semitic messages and threats against a Jewish family women.
U.S. magistrate judge Jeremiah Lynch heard arguments in Missoula on how to dismiss a lawsuit by Hersh Tanya, real estate agent from the ski resort community of whitefish, with the daily Stormer Publisher Andrew Anglin.
Lynch didn’t indicate how soon he would rule, said Marc Randazza, an attorney for the anglin’s.
“It was clear that he thought very deeply about the constitutional issues,” said Randazza in a Tuesday text message.
Lynch previously rejected the argument Anglin on refusal in satisfaction of requirements Gersh emotional distress, intimidation and invasion of privacy because Anglin “is not a citizen of any state” and has been living abroad for many years.
But the judge wanted to hear from the lawyers on both sides in the courtroom, before he made another key argument in the motion to dismiss Anglin — that neo-Nazi Publisher was engaged in political speech protected by the first amendment.
Gersh last year sued Anglin after he published a post in 2016, calling for “old-fashioned Troll storm” with personal information to Hersh and others who Anglin is accused of “extortion” mother white nationalist Richard Spencer.
Hersh said she agreed to help the mother of Spencer, sherry, to sell the property she owns in Whitefish. It accused Hersh to threaten and harass her to agree to sell the property.
Hersh said in his lawsuit that her family has received hundreds of abusive messages from followers Anglin, including one that was just record shots. Another message to her 12 year old son asked me to look in the oven for a free game console video, a link to the method that the Nazis used to kill Jews during the Holocaust.
Anglin argues through his lawyer that he was only inviting his readers to protest Hersh. He also claims that he is not responsible for the actions of their followers and that it had published personal information was in the public domain.
Messages received Hersh was “vile, nasty, cruel and unwarranted”, as well as political hyperbole, not a real threat, lawyers Anglin Randazza and Jay Wolman writes in the court document that lays out their arguments.
“If we want to reject the question because she comes from an unorthodox group, we do violence to the very foundations of our concept of “freedom”,” Randazza and Wolman wrote.
Hersh, who appears to be the Legal center of southern poverty, in reply, stated that freedom of speech in the first amendment protection does not include coordinated attacks through personal messages can lead to significant emotional trauma.
Anglin does not mention any broad public issues, Gersh lawyers David Dinielli and John Morrison wrote. Rather, he commanded his followers to terrorize the Gersh personally through personal communication.
“Severe emotional distress was not only predictable result (Anglin) storm Troll, but the very end, and (Anglin) cannot wash his hands from it,” the lawyers wrote.
In a statement issued on Tuesday, Dinielli said he was heartened by the fact that the judge “considers the claims of the client with such care,” and she craves a chance to prove their claims to a jury.
Sourse: abcnews.go.com
