Not necessarily. A cynical modern legal strategy is to bombard people with frivolous legal actions that only the well-heeled can afford. Defendants can argue that claims are baseless or frivolous, but to make that argument, they must hire a lawyer and appear in court.

To see my point, look at the number of frivolous prosecutions now being launched by ... ah, never mind, I don't want to get political.

But individuals have been successfully prosecuted for "aiding and abetting" violations of the DMCA, where speech was a material element of the proscribed behavior. Oh, and -- IANAL.