Where does the First Amendment end, and "verbal assault" begin? This Smith guy was clearly on the protected speech end of things - he did not physically threaten, violate any laws, etc.
Yes, he was a complete a**hole, and yes, he deserved to be fired and ridiculed. But let's not confuse things - under the First Amendment, he had every legal right to be a complete a**hole (just like his employer had every legal right to fire him for doing so).
Yes it is free speech as you have it. He bullied that girl because he knew she could do nothing about it. She said she was uncomfortable but he persisted. That comes very close to assault.
He had a legal right to say what he did, but he was way beyond socially accepted behavior. It was not culturally appropriate. People are repelled by his behavior.
If he actually committed a crime, he would have a right to a trial, a right to a lawyer, a right to a presumption of innocence.
He does not have those rights for his social and cultural faux-pax. It is not a legal issue, but a social and cultural one.
“under the First Amendment, he had every legal right to be a complete a**hole”
True. But I’ve been involved in photography to a small extent, and I believe he legally can’t post this girl’s likeness unless she signs a Release.