"..The legal team representing Andrew Anglin, publisher of the white nationalist website the Daily Stormer, filed the sprawling motion to dismiss on Nov. 30 in U.S. District Court in Missoula. In it, the attorneys argue that Anglin’s comments cannot be stripped of constitutional protections solely because they are distasteful and emotionally hurtful.
“Even Nazi expression, no matter the psychic harm on Jewish residents, is nonetheless protected speech,” according to the defense motion.
The document offers the first glimpse into the First Amendment defense that Anglin’s team is mounting after dodging the months-long efforts by plaintiffs’ attorneys to track down the elusive defendant and serve him with the lawsuit.."
My opinion is that what he suggested people do was legal, and anyone who stepped outside of the law and did anything threatening or illegal would have to be pursued individually for their choice in doing so.
The deep pockets are with the site owner, which is one of the reasons to go after him specifically. The other being to shut down campaigns that are similar from being conducted, and create a legal precedent for holding someone responsible for the behavior of others in a far-reaching kind of way.
It is one of the least offensive things on the site, making it all the more interesting it is the thing they are trying to sue over. Asking folks to call or write and voice their discontent with Gersh's actions is a tactic used by many groups over the years, none of whom have been successfully sued as far as I know.
"Inquiry and doubt are essential checks against deception."--Richard Carrier