If Jim and John and FR LLC, and the ISP host for FR LLC were not sent DMCA takedown notices in compliance with the DMCA regulations, the FR lawyers should put forward a motion to dismiss and threaten to countersue.
EFF, FIRE, First Amendment Society, et al would surely pony up the pro bono legal expenses to press this case.
The typical First Amendment advocacy organizations wouldn't touch Free Republic with a ten-foot-pole. Almost all are connected with left-wing politics.