It's not only uncharitable, it lacks common sense. Catspaw, I'm quite sure that the quotes were used with both the knowledge and consent of the copyright holder.
The magazine or the author holds the copyright? The author is an associate prof at Liberty U's school of law, and Jerry Falwell spoke at Moore's rally, so I'm sure he gave his permission for Moore's lawyers to use the article. I do hope that they credited it properly because it wasn't their original work. The wording isn't exactly the norm for pleadings.