Attorneys for InfoWars founder Alex Jones want a judge to dismiss a defamation suit filed by a counterprotester at the deadly white nationalist rally in Charlottesville, Virginia.

Former State Department official Brennan Gilmore was harassed after posting a video showing the car attack that killed counterprotester Heather Heyer after the Unite the Right rally. His attorney, Brianne Gorod, says witnessing a moment in history doesn’t make him a public figure.

But Jones’ lawyers say Gilmore is what’s known as a “limited-purpose public figure,” and as such must prove malicious intent.

InfoWars attorney Andrew Grossman said YouTube removed two allegedly defamatory videos that he says used “obvious hyperbole” and shouldn’t be taken seriously.

The Daily Progress reports that other defendants say the defamation lawsuit violates their First Amendment rights.