[mitthrowaway2]

Keep in mind that in my comment, I said that free speech generally is about protecting the expression of "beliefs, opinions, and criticisms", and you'd still be open to legal action by harmed parties if you defame them. So I think we can pretty reasonably answer your questions from that standpoint, with the fairly non-controversial addendum that airing incriminating photographs within a courtroom setting would certainly be protected speech.

[slg]

>I said that free speech generally is about protecting the expression of "beliefs, opinions, and criticisms"...airing incriminating photographs within a courtroom setting would certainly be protected speech.

Is a free press not part of free speech? Are incriminating photos only protected speech in a court, but not when published in a newspaper?

I'm just trying to underline that people refuse to recognize the difficulty translating the philosophical discussion of free speech into the complexities of legal definitions. And "free speech absolutists" tend to only live in the philosophical sphere.