Roy Moore poisoned the well of this case.
I know you think his attitude shouldn't matter, but it seems to matter a great deal.
And his words matter a great deal.
I used this example yesterday on drive-time radio on the most powerful station in North Carolina -- Jerry Agar, WPTF. Imagine that Punch Sulzberger, publisher of the New York Times, issued a statement saying that his purpose was to cause the defeat of every elected Republican. Would that statement have any effect on the First Amendment right of the Times to publish its newspaper without government interference?
The answer is no. Attitude has no relevance to existence of First Amendment rights. The same point applies to Judge Moore, here.
John / Billybob