No and No…if I were this person’s attorney, I would make this a case about the First Amendment. He is practicing his free speech rights in not one but two ways: his personal views as well as a political statement. This would very hard for a court to dismiss based on a First Amendment claim.
Ill have to disagree. The first amendment does not grant a person the right to steal. I think the fact that this is a political statement is irrelevant. Should I be set free after robbing a bank because I was making a political statement about redistributing the wealth? Another would be allowing the political speech as justification would also create a slippery slope and soon enough copyright, trademarks, and patents would be null and void. As anyone who wanted to use/steal any of these would just have to claim they are doing so for political reasons.