Attorney General Fox Intervenes in Neo-Nazi Intimidation Case

HELENA – Attorney General Tim Fox filed a motion in Federal District Court to intervene in a Whitefish woman’s case against a Neo-Nazi blogger she’s accusing of intimidation under Montana’s anti-intimidation law. Neo-Nazi blogger Andrew Anglin has challenged the constitutionality of Montana’s anti-intimidation statute, claiming it violates his First Amendment rights.

“The people of Montana passed the Anti-Intimidation Act to prevent the type of intimidation and threats of violence alleged in this lawsuit,” Attorney General Tim Fox said. “Montanans have made it clear they support protecting each other from intimidation through the laws of our state. I took an oath to defend all laws passed by the people of Montana.”

The case against Mr. Anglin stems from a number of posts he published on his blog, The Daily Stormer, calling on like-minded followers to target Ms. Gersh, a Whitefish based real estate agent. The troll storm by Anglin and his followers directed at Ms. Gersh began after her interaction with the mother of Richard Spencer, a well-known alt-right leader who lived in Whitefish for a time.

The relevant portion of Montana’s intimidation statute challenged by Anglin states:

27-1-1503. Civil action.
(2) An individual or organization who is attempting to exercise a legally protected right and who is injured, harassed, or aggrieved by a threat or intimidation has a civil cause of action against the person engaging in the threatening or intimidating behavior.

Montana’s anti-Intimidation statute was passed in 1996 by voter-approved ballot initiative.

Click here to view the Attorney General’s motion to intervene.