Weev should probably be in jail for several reasons. Just not the specific reason they sent him to jail for. The EFF had to fight because the conviction set a really bad precedent for other research.
“The trouble with fighting for human freedom is that one spends most of one’s time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all.”