Ridiculous, panicky, paranoid B.S.
It looks like a jury is going to get to decide this issue. I will bet you dollars to donuts that one of the people involved in this campaign is going to own up to the fact that a police response was part of the viral marketing plan. If the state gets testimony like that from one of the people involved, it is going to be very hard for the others.
Absent any proof on intent, though, I agree that they should walk. We will see when this thing goes to trial.