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I think it's safe to say it's an uphill climb, but as lawyers normally do, belt and suspenders approach, when in a suit against a public official or any lawsuit for tort, which is basically what this seems to be, you're going to put down any defense that you think might be successful, immunity is only one out of many, and I suspect they're going to put a lot more on the First Amendment and the lack of being able to prove incitement. ... So if (immunity) were the only defense it would be an uphill defense, but it's only one of many responses.

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