His right to free speech does not change whether or not he committed the crime according to the law (unless the law specifically refers to the right to free spe

His right to free speech does not change whether or not he committed the crime according to the law (unless the law specifically refers to the right to free speech), so it is a separate issue from what is argued at the initial trial. If his right to free speech is indeed being violated by applying the law, then modern legal practice does not consider this to be an issue for the jury itself to consider (it is considered in a separate manner, by the judge and by appeal).