Did he just speak out his mind and heart genuinely, candidly with a journalist about an old time political rival with the wrong words and inadvertendly heart an entire community's feeling?

Or has he been suffocating over an extended period of time under the "state official cultural equality blanket of petty and complicated rules" of which he feels the two more important communities of the area, Catalans and Occitans, specially their language are excluded, and used intentionally some words about his old political rival he knew would sparkle a controversy?

Or was it a political will statement targeting at large an entire community?

With what you have been reading about the first Amend, you already know there is never in such a case an easy ready made answer. Only a straight forward meaningful conversassion as respectful as possible can enlight that type of controversy and while never infridge the right to speak out, the debate can help the largest section of the public understand the nature of the feelings expressed and the feelings ressented, helping at large most of the society to improve the overall mutual understanding.

You are a Supreme Court Judge, write your decision and motivate it.

For help

Ressources : http://www.oyez.org/ (videos, cases and plenty more)