Hi JodyB here and a first time poster...
Two things about the key:
1. You may win the court case but go broke in doing so. The cost of litigation can be extreme. Therefore, a little prudence is a wise course of action. Does that mean bullies can get away with things sometimes/ Sure does. But we ought careful choose our battles. And I might add that is awfully easy to fight when its somebody else' money at stake.
2. The first amendment is the cornerstone of our society. It is not absolute. Disagree? Trying yelling "fire" in a crowded theater or send a threatening letter to the President.
My nickel's worth.
JB