The motion to dismiss a lawsuit against Anglin filed Thursday in federal court also argued that the neo-Nazi memes and anti-Jewish slurs used by Anglin, who blogs on the website, are protected free speech and pose no true threat to Jewish people.
Tanya Gersh of Whitefish, Montana announced in April a lawsuit against Anglin for revealing her personal information and inflicting emotional distress. The lawsuit was filed on Gershs behalf by the Southern Poverty Law Center, an anti-racism nonprofit.
Anglin launched a campaign in December against Gersh after Sherry Spencer of Whitefish, mother of another white supremacist, Richard Spencer, posted an article on Medium targeting Gersh, a real estate agent, over a real estate dispute. The next day, Anglin made a post for his subscribers titled Jews Targeting Richard Spencers Mother for Harassment and Extortion – TAKE ACTION!
Gersh claims that anonymous internet users harassed her family after Anglin revealed her home address and phone number, her husbands business contact information and her sons Twitter handle.
The suit accuses Anglin of invading Gershs privacy, intentional infliction of emotional distress, and violating a Montana anti-intimidation law. The Daily Stormer created a campaign on WeSearchr to pay for Anglins legal expenses, raising more than $159,000 in donations from more than 2,000 contributors.
Anglins attorneys said in their filing that the messages against Gersh were generally recognized anti-Semitic tropes, without actual harm reasonably to be construed, according to the filing.
And, even Nazi expression, no matter the psychic harm on Jewish residents, is nonetheless protected speech, the motion says. Thus, there was no true threat.
The call for a troll storm, according to the attorneys is free speech made on a website to spur others to express their opinions to Plaintiff and her associates and to contribute more speech to the marketplace of ideas.
Among the messages sent to Gershs private email, according to the Washington Post, are: Ratfaced criminals who play with fire tend to get thrown in the oven; Merry Christmas, you Christ-killer; Its time for you to take a one way ticket to tel aviv; and You have no idea what you are doing, six million are only the beginning.
Gershs attorneys from the Southern Poverty Law Center have been unable to find Anglin in order to serve him with the lawsuit in a bid to force him to appear publicly in court. They have posted notices in local newspapers in Ohio, where his family lives, in order to fulfill the legal notice requirements for a lawsuit.
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