Adam Liptak in The NY Times noticed the funny trend the Supreme Court and the conservative legal establishment has taken in recent years, using the First Amendment to comfort the powerful and afflict the afflicted.
They took the extreme nonsensical views of the libertarian wing and cynically, mercinarilly used them to help their pals in commerce or allies in the culture wars.
The court’s five conservative members, citing the First Amendment, had just dealt public unions a devastating blow. The day before, the same majority had used the First Amendment to reject a California lawrequiring religiously oriented “crisis pregnancy centers” to provide women with information about abortion.
So if you set up a phony abortion advice storefront in order to deceive women with misinformation about abortion, deliberately keeping them from legitimate women’s health centers you are allowed to keep deceiving. It’s your right under the First Amendment. Madison would have challenged the 5 conservative justices to a duel to defend his honor.
If fire had a big bucks lobbyist these people would argue that yelling “fire” in a crowded theater was protected speech.