Lawyer: Neo-Nazi Doesn’t Need to be Kind to be Protected

Attorney made his comments in a court filing Friday objecting to a federal magistrate judge's recommendation to proceed with Tanya Gersh's lawsuit

By Justin Franz

HELENA — An attorney says the “bona fide neo-Nazi” he represents may have written cruel and crude commentary about a Montana woman who’s now suing him, but the First Amendment doesn’t require kindness.

Marc Randazza made his comments in a court filing Friday objecting to a federal magistrate judge’s recommendation to proceed with Tanya Gersh’s lawsuit against The Daily Stormer website publisher, Andrew Anglin.

Gersh says anonymous internet trolls bombarded her family with hateful and threatening messages after Anglin accused her of extorting the mother of white nationalist Richard Spencer.

U.S. Magistrate Judge Jeremiah Lynch concluded earlier this month that Anglin could be held liable for his readers’ conduct. Lynch’s findings must be approved by U.S. District Judge Dana Christensen.

Randazza urged the judge to reject them, saying Anglin’s is protected by the U.S. Constitution’s free-speech provisions.

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