If I were the defense lawyer, I'd request the judge instruct the jury that, as a matter of law, they were protected political speech.
Might not get that instruction, but I'd sure as hell try.
Given that FR is a privately owned & operated site, the speech wouldn't be protected as far as I can see it.
That's akin to demanding a guarantee to was poetic on DU. They're within the rights to yank you, just as we are.
And "protected speech" when directed specifically at individuals (i.e., those he pinged specifcally) would most likely constitute personal harassment.