Then you haven’t read the Constitution or understand that the GOVERNMENT has no legal interest in this case.
It is a CIVIL matter.
There are no ‘FREE SPEECH’ rights protections from other CITIZENS.
The BILL OF RIGHTS was written to protect you from the GOVERNMENT.
The judge’s October 2006 Memorandum Opinion denying the Phelps’s dismissal motion is very interesting. He lays out the full case and the grounds for its being filed by the Snyder family. Suggest everyone read it.
http://www.mdd.uscourts.gov/Opinions152/Opinions/Snyder1030.pdf