For example, Lori Drew's prosecution for harassing Megan Meier via the internet was overturned.  Meier was the 13-year-old who committed suicide after Drew, a neighbor and an adult woman, created a fake persona and developed an online relationship her.   The intent was to  harm Megan and Drew succeeded.   

But . . . since that time several jurisdictions have passed laws that make Drew's actions a felony.   So, the bottom line is, while people do have an equal right to "free speech," that right does not apply when the speech is a crime.  Americans don't have as much *right* to commit a crime as they do to First Amendment rights.   It's a distinction that seems to escape those who think all these things are the "same."   They aren't.