While there is diversity, that is a recent change, and it's still perfectly within my legal rights as an American, to sue for
False Advertisement under the Lanham Act, which would entitle me to damages (i could care less) and prevent them from being able to sell items that fall under the description of that case.
In order to restrict free speech
under U.S. law, one must show that the speech itself causes immediate physical or monetary harm (e.g. child pornography, libel,
false advertisement) or that it is likely to result in actions which will cause immediate physical or monetary harm (e.g. «lets go lynch that ^!