Thank you for this great post. I've noticed over time people seem to be absorbing notions of the limits of the 1A that just aren't true; I think a lot of it is stories exactly like this. The longer that goes on, and the more widespread, the more likely in the future 1A protections will be weakened - because everyone will assume "oh, that was illegal anyway" or "wow, that's not illegal? seems like common sense it should be."

A separate, but related issue is people assuming "free speech" and the First Amendment are equal; that you have "free speech" as long as you have a First Amendment, and only that. But obviously, a society where you can be totally ostracized from all markets and common society on the basis of your speech is not a free society, even if the government doesn't put you in jail. To live in a free society and to have free speech doesn't mean only the government tolerates speech, it extends to us.