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‘You should have died in the Holocaust’: Neo-Nazi harassment is not free speech, judge rules
WaPo ^ | 11-17-2018 | Deanna Paul

Posted on 11/17/2018 3:00:42 PM PST by NRx

One emailer wrote: ““You are a disgusting, vile Jew … This is OUR country: you’re merely living here (for now).”

A caller said: “You should have died in the Holocaust with the rest of your people.”

But the calls that most disturbed Tanya Gersh consisted only of the sound of gunshots being fired.

The terror campaign — known as a “troll storm” — was the result of Daily Stormer publisher Andrew Anglin’s December 2016 directive, urging hundreds of thousands of readers to harass the Jewish woman and her family, according to court filings.

Gersh sued the known neo-Nazi. On Wednesday, a Montana federal judge denied Anglin’s motion to dismiss the case, holding that speech in encouraging anti-Semitic harassment was not entitled to First Amendment protection.

The Montana mother found herself in Anglin’s crosshairs in late 2016, after Richard Spencer, a household name in the alt-right movement, gained notoriety when a video of him shouting “Hail Trump!” at a conference of nearly 300 white nationalists — and the Nazi salutes it elicited — went viral.

Spencer’s mother, Sherry Spencer, owned a ski home in the otherwise idyllic town of Whitefish, Mont. After facing local protests related to her son’s views, she reached out to Gersh, who in 2016 worked as a real estate agent, about selling the property.

Subsequently, court filings allege, Sherry Spencer decided not to sell. Months later, she published a blog post on Medium, accusing Gersh of extortion, threats and denouncing her son’s views.

The next day, Anglin called his own readers to action.

“Are y’all ready for an old fashioned Troll Storm?” Anglin wrote in a Dec. 16, 2016, post on the Daily Stormer website...

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Front Page News; Government; US: Montana
KEYWORDS: bammyjudge; blackrobedclown; clownbammyjudge; despotjudge; dncjudicialactivist; fedjudgepresident; freespeech; jailforjudges; juckthefudge; skidmarkjudge; thelawisinmymouth; theskidmarkjudge; unfitforthebench
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To: Greetings_Puny_Humans; DJ MacWoW
This is just the beginning. Mark my words.
81 posted on 11/19/2018 9:49:08 AM PST by OddLane
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To: NRx

bump


82 posted on 11/21/2018 3:13:48 AM PST by foreverfree
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To: marktwain; OddLane
You can't preserve freedom of expression and freedom of association if you carve out exceptions for speech that you feel is vile or offensive. Exactly correct.

No one is carving out exceptions. This is a civil case, not criminal. IMO the First Amendment doesn't enter into it at all.

83 posted on 11/22/2018 11:57:08 AM PST by SJackson (The Constitution only gives people the right to pursue happiness. You have to catch it yourself)
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To: dennisw; Cachelot; Nix 2; veronica; Catspaw; knighthawk; Alouette; Optimist; weikel; Lent; GregB; ..
Middle East and terrorism, occasional political and Jewish issues Ping List. High Volume

If you’d like to be on or off, please FR mail me.

..................

As I noted in an earlier post, this is a civil not criminal case. The First Amendment isn't an issue. As to his specific allegations, his defense would be their truthfulness, not an imaginary right to say whatever he wishes free of financial consequences. As the the organization of the troll storm, I suspect in most states that sort of ongoing harassment and intimidation would be criminal. But that's another issue

84 posted on 11/22/2018 12:00:12 PM PST by SJackson (The Constitution only gives people the right to pursue happiness. You have to catch it yourself)
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To: Greetings_Puny_Humans
Yup, Daily Stormer was the test case. After Charlottesville—where ANTIFA, who had no permits to be there, were deliberately pushed by police into the Unite the Right marchers for the clear purpose of creating violence—the order came down to push the Daily Stormer off the internet.

Nonsense. Civil suits have been a feature of our court system from the beginning.

85 posted on 11/22/2018 12:02:10 PM PST by SJackson (The Constitution only gives people the right to pursue happiness. You have to catch it yourself)
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To: SJackson

You can’t use civil statutes to restrict freedom of speech. What do you think the point of anti-SLAPP laws are?


86 posted on 11/22/2018 12:43:26 PM PST by OddLane
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To: OddLane

He’s being sued for financial compensation. In federal court, there is no federal anti-Slapp statute. And no one is restriction of speech. He can say what he wants, he’s just not exempt from legal action.


87 posted on 11/22/2018 12:53:51 PM PST by SJackson (The Constitution only gives people the right to pursue happiness. You have to catch it yourself)
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To: SJackson
"And no one is (for) restriction of speech."

Have you read your last few posts to this thread?

88 posted on 11/22/2018 2:57:05 PM PST by OddLane
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To: JesusIsLord

I remember Madonna threatening to blow up the White House.

Put her in handcuffs!


89 posted on 11/22/2018 3:01:02 PM PST by dhs12345
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To: SJackson

DS was not taken down by civil suits. The site was kicked off multiple registrars, etc.


90 posted on 11/22/2018 6:31:53 PM PST by Greetings_Puny_Humans (I mostly come out at night... mostly.)
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To: OddLane

Yes. If you’re suggesting I’m advocating the restriction of free speech, point it out. I’ll repeat again, this is a civil suit. Exactly who do you think should be free of criticism and legal action, other than Jewhaters? BTW, he can not only defend himself, he can countersue.


91 posted on 11/23/2018 7:09:47 AM PST by SJackson (The Constitution only gives people the right to pursue happiness. You have to catch it yourself)
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To: DJ MacWoW
So you don't think frightening and harassing someone is mental harm? Seriously? People that are terrorized should just man up? Conservatives usually don't sneer at others being terrorized.

Gersh reportedly started it, by leading protests with the intent of damaging Spenser's mom's livelihood.

Spenser specifically told his followers to NOT make threats.

I think he will win on appeal, although it may be necessary to take another trip to the Supreme Court.

92 posted on 11/23/2018 7:23:14 AM PST by PapaBear3625 ("Those who can make you believe absurdities, can make you commit atrocities." -- Voltaire)
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To: Greetings_Puny_Humans
DS was not taken down by civil suits. The site was kicked off multiple registrars, etc.

And if anybody digs, I think they will find a coordinated pattern of harassment against anybody daring to provide any sort of service to Stormer.

93 posted on 11/23/2018 7:25:38 AM PST by PapaBear3625 ("Those who can make you believe absurdities, can make you commit atrocities." -- Voltaire)
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To: SJackson
Trying to suppress and financially bankrupt someone for exercising their 1st Amendment rights=criticism?

Nice equivocation.

94 posted on 11/23/2018 7:06:03 PM PST by OddLane
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