HELENA, Mont. – The publisher of a neo-Nazi website should have to pay the victim of an internet trolling campaign over $14 million and remove all posts that encouraged his readers to contact the Montana real estate agent, a magistrate judge recommended on Monday.
U.S. Magistrate Judge Jeremiah Lynch called the Daily Stormer publisher Andrew Anglin's behavior reprehensible and atrocious in telling his internet followers to unleash a “troll storm” on Tanya Gersh, her husband and her 12-year-old son in 2016.
The magistrate judge doesn't have the final word. His findings and recommendations must be approved by U.S. District Judge Dana Christensen to take effect.
Gersh, whom Anglin accused of trying to run white nationalist Richard Spencer's mother out of the mountain resort community of Whitefish, said her family received hundreds of threatening, harassing and anti-Semitic messages. She sued Anglin, who argued unsuccessfully through his attorneys that his writings were protected by the First Amendment.
Anglin, who lives outside the U.S., was found in default when he didn't show up for a deposition scheduled in April. His attorneys withdrew from the case when he failed to appear.
Lynch said Gersh deserves $10 million in punitive damages, the maximum amount in punitive damages allowed under Montana law, because of the “particularly egregious and reprehensible nature of Anglin's conduct.” He also said she should be awarded $4 million more for lost earnings and pain and suffering.
It's questionable whether Gersh will see a dime if Anglin remains outside the reach of U.S. authorities.