Literally no.
No. The burden is on you to prove he did anything illegal, and to defeat his defenses, affirmative and not.
Same ideas didn't quite work for Russ and Mel. He could afford to fight them.
How are you going to defeat his CDA affirmative defense? Because ignoring everything else for a moment, if you can't beat that, you have no case for IIED, or anything else, torts included.
Also IIED is a retarded tort, and one which is hardly ever successfully proven in court due to an increadibly high burden on the plaintiff. Here's a fun fact, IIED has such a high burden that even acting "with an intent which is tortious or even criminal" or "intended to inflict emotional distress" or "aggravation which would entitle the plaintiff to punitive damages for another tort" are not enough to satisfy the requirments for a successful IIED claim. See Wallis v. Princess Cruises, Inc., 306 F.3d 827 (9th Cir. 2002), Su v Aster 978 F.2d 462 (9th Cir. 1992), Restatement (Second) of Torts § 46 (1965)
And you just killed your IIED claim. Congrats.