Yeah whenever people say “the first amendment is not a freedom from consequences” it is only a freedom from certain consequences (and that freedom only goes as far as the government is willing to protect it). It is a freedom from being convicted. They can still arrest you, you can still spend time in jail, prosecutors can even file charges. A court is supposed to throw those charges out. And in extreme cases you can be convicted and sent to prison for years before SCOTUS rules.
I think GP is speaking generally, not with regard to this situation specifically; obviously people have been charged for constitutionally-protected speech before.
