That’s what appeals are for.
Two different things at issue here:
1-Did Jones knowingly lie/distort truth in a way that harmed someone?
2-is his doing so covered under the First amendment.
Have to determine ‘1’ (by jury) before the second even matters.
*sometimes* things are so obviously covered by the first that the entire case is thrown out, such as with a genuinely public figure, but if I say something scurrilous and defamatory about Red Badger, *knowing* it was untrue, and harm resulted to them from my doing this, that ain’t covered, and shouldn’t be.
Two different things at issue here:
1-Did Jones knowingly lie/distort truth in a way that harmed someone?
2-is his doing so covered under the First amendment.
Use the msm as an example and Jones is innocent because they do that everyday.
The First Amendment does not mean that all persons or companies must provide a platform for anyone to speak about anything in any manner.