Oh but until the point at which any litigation resolves the issue, it IS protected free speech...
I cite the "Crucifix in Urine" case.
Christians were highly offended by this display.
There were lawsuits demanding the exhibit be removed. The courts ruled the display while offensive to some was indeed protected free speech
A more recent example it the ongoing issue with Westboro Baptist Church. Unfortunately, their right to free speech while offensive, untrue and harms others, is protected.
Has complainants prevailed in court in either one of these issues, the speech would then no longer be protected.
So, basically murder is protected free speech up until the point where the judge says "you murdered someone and you're sentenced to death" then?
Your "Crucifix in Urine" case would be an example of where the courts have ruled that someone is protected. If they had ruled otherwise then it wouldn't have been protected. No one is saying that libel isn't tricky. It's basically self censorship, but censorship it is. Often law is judged by humans who aren't the most consistent of animals.
The point here is that free speech IS limited and it's limited by laws on libel.
Just as laws on murder mean if you murder someone you're supposed to get locked up for life or frazzled. However various people go to court and they get off. Doesn't mean murder is legal until you get proven guilty. It's illegal no matter what. You just might not get caught, you might not get convicted etc.
Libel is illegal, however you might not get caught, you might not get sued, you might not end up paying anything.
Libel is NOT illegal. Neither is slander. The term "illegal" applies only to criminal statutes.
Here's an education for you....
If someone calls you an asshole and then through lets say social media, slanders you to the point where your reputation or you means to make a living have been harmed, you cannot seek the police to rectify the problem. You must seek redress in the civil courts. However, if you confront this person and punch him in the face, you could be held on criminal sanctions, because there exists statutes which bar one person from physically causing harm to another.
Now you do have the option outside of the criminal courts to seek damages from the RESULT of the punch, but the criminal courts handle the punch itself.
We can ratchet that up to murder. If someone kills another person, it is up to the criminal courts to determine if the killing was a crime. However, in order for the family to recover any damages, they again must seek a remedy in the civil courts.
The OJ Simpson lawsuit ( Goldman V Simpson) even though the criminal Part resolved the criminal case as a not guilty, in Goldman, the jury decided they Simpson was indeed liable for the deaths of Ron Goldman and Nicole Brown Simpson. The jury awarded the Goldman's $33 million..To date, Simpson has never spent a single day in prison for the deaths of Goldman and Brown-Simpson