Freedom of speech and freedom of speech.

Hypothetical question to my American NRI friends who understand American freedoms as well as follow Indian news stories:

Would the ‘Sulli Deals’ scandal, if it were to happen in, say Alabama instead of Uttarakhand, be considered protected speech under the First Amendment?

If not, why not?

I am led to believe that under the freedoms enjoyed by American citizens, one may solicit sex, be Islamophobic, or as misogynist as one wants to be; one may create and participate in a fantasy card game, and even sell & buy morphed images as long as there is no hate speech, incitement to violence, or actual violence. That means that one may sue under libel and defamation laws and perhaps also under IPR laws (for use of one’s likeliness, as in a photograph, if obtained via illegal means, or if morphed). One may also raise public consciousness and boycott or ‘cancel’ the participants. But can one actually bring charges of whatever it is that the Mumbai Police has brought against the despicable trio of the two boys and the girl? By the way, what indeed are the sections under IPC that are being invoked? 66A? 354? Will it stand up in court?

Once again, I understand the seriousness of the moral crime. I am only trying to get my head around the actual crime and whether this would be considered a crime solely in India or is it of a more universal nature.

P.S: I know this post will be misunderstood. But nevertheless, I persist in poking the hornet’s nest. On my head be it then.

P.P.S: How is a website/app to rate and fantasy-auction women any different from the origin story of Facebook? This is not a rhetorical question. I am seriously asking. You may choose to answer from the legal or the moral angle. I am open to listening. And learning.