Jones wasnt telling or encouraging his listeners to harass the Sandy Hook families. That's internet nut jobs. Jones didnt even come up with the theory, he just talked about it on his show.
This is basically a free speech issue akin to the JFK shooting theories.
He didn't just talk about it, he claimed it. "Yeah, so, Sandy Hook is a synthetic completely fake with actors, in my view, manufactured" - Alex Jones
Edit: Someone else posted a doc with a bunch of quotes on this, https://news.ycombinator.com/item?id=47839299
But Jones did profit from the traffic and thus ad revenue that controversy stirred up, this case is about that* not about Jones right to have an opinion, but how Jones weilded it at the expense of others, no less*.