Federal Magistrate Judge Recommends $14 Million In Damages To Jewish Woman Targeted In Neo-Nazi Harassment Campaign
July 18th 2019
Federal Magistrate Judge Jeremiah Lynch issued a ruling today recommending that Andrew Anglin, publisher of a major neo-Nazi website, should pay more than $14 million in damages to Tanya Gersh, the Whitefish, Montana, woman who received a relentless barrage of antisemitic threats and messages from Anglin and his followers.
Lynch’s recommendation, however, is subject to approval by U.S. District Judge Dana L. Christensen.
“The court today made clear that this type of conduct is intolerable in a civil society and that those who would engage in it must pay the price,” said David Dinielli, deputy legal director at the SPLC. “Even more, this ruling symbolizes a victory for our client, Tanya Gersh, who refused to cower in the face of Anglin’s hate. Rather, Gersh has shown that she, her family, and her community can stand up to hate and antisemitism, and that they can defeat it.”
The SPLC filed the federal lawsuit in April 2017 on Gersh’s behalf in conjunction with the law firm of Morrison, Sherwood, Wilson, & Deola. The lawsuit described how Anglin used his web forum, the Daily Stormer – the leading extremist website in the country – to publish 30 articles urging his followers to launch a “troll storm” against Gersh.
Gersh, her husband and then-12-year-old son received more than 700 harassing messages between December 2016 and April 2017, when the complaint was filed. She has continued to receive harassing and threatening messages in the two and a half years since the initial onslaught.
The campaign escalated to the point that in early 2017, Anglin planned an armed march in Whitefish that he threatened would end at Gersh’s home. Anglin promoted the march – which never materialized – with an image that superimposed Gersh, her son and two other Jewish residents on a picture of the front gate of the Auschwitz concentration camp.
The threats have taken an emotional and physical toll on Gersh. Over the past two and a half years, she has continued to experience panic attacks and is afraid to answer the phone. At times, she still goes to bed in tears and wakes up crying without explanation. She also feels anxiety in crowds. She has been prescribed medication and has sought other treatment, including trauma therapy.
“I have learned that I’m never going to be the same person that I was before Anglin and his troll army started to terrorize me,” Gersh said. “As a result of the attacks and threats on my life, I have lost my sense of safety and security, and don’t know that I’ll ever get it back. But I am making it my goal to become the Tanya that has a lot more strength and a lot more toughness and to take the pain and to turn it into something that can ultimately change the world and make it a little bit better for others.”
In May 2018, Lynch ordered that the SPLC’s lawsuit against Anglin be allowed to go forward, rejecting Anglin’s claim that his orchestration of a terror campaign against a Jewish woman was protected by the First Amendment. In November 2018, Christensen accepted this recommendation, ruling against Anglin and allowing the case to continue moving forward.
During an evidentiary hearing on July 11, the SPLC presented its arguments on damages and emotional distress through witnesses, including Gersh, her husband and one of her therapists. The evidence detailed how the attacks and threats on Gersh, her family and the Whitefish community have had an extreme and life-changing impact on all of their lives.
“This is a big win for our client, but it also sends an important message that hateful harassment by bigots will not be tolerated in Big Sky Country,” said John Morrison, Montana co-counsel for Gersh.
In his findings, Lynch said that based on the testimony presented at the evidentiary hearing, Gersh is entitled to:
Economic damages in the amount of $220,680 for past lost earnings, medical expenses, and other expenses
Economic damages in the amount of $821,758 for future lost earning capacity
Non-economic damages in the amount of $1 million for past pain and suffering
Non-economic damages in the amount of $2 million for future pain and suffering and loss of enjoyment of life
In addition to those damages, Lynch found in his ruling that Anglin acted with actual malice and, “Having considered the factors set forth in Mont. Code Ann. § 27-1- 221(7)(b), including the particularly egregious and reprehensible nature of Anglin’s conduct, the Court finds that a punitive damages award in the amount of $10,000,000 is warranted to punish Anglin and deter him from engaging in such conduct in the future.”
Lynch also said in his ruling: “In addition, because the atrocious conduct directed at Gersh and her family has not entirely abated, the Court should issue a permanent injunction ordering Anglin to remove from his website the blog posts encouraging his readers to contact Gersh, her family and, especially, her son, including all photographs and images of the family and comment boards associated therewith.”
Gersh said that justice has been served.
“A clear message has been sent to Anglin and other extremists: No one should be terrorized for simply being who they are, and no one should ever be afraid for being who they are,” she said. “This lawsuit has always been about stopping others from enduring the terror I continue to live through at the hands of a neo-Nazi and his followers, and I wanted to make sure that this never happens to anyone else. I hope that the strength that I’ve shown, through the support of my family, community and everyone who has sent positive messages my way, that with love and support, you can conquer the most horrible and hateful messages with positivity and that you can win.”
Posted with permission