Ironically, now that G has been ordered by a court to take the content down, keeping it up is a form of protest, i.e. a comment on the law, i.e. political speech.
My journalism teacher used to say that legally speaking, there is no such thing as free speech here.
Either way, I'm sure the Supreme Court has considered this.
In the US speech is one area where the courts (sometimes) enforce abstract ideals over justice over the needs of the state and the demands of law enforcement.