I don't even know where to start with this one... The first amendment - like anything written in the Constitution is absolute. It has to be. If it weren't then we could all ignore any law we choose and even ignore rulings of the Supreme Court because their powers are based on the same document. So either the Constitution is absolute or it is not - but you can't have it both ways.
However, even with that I don't see how it matters... The bill of rights is supposed to keep us from the Federal Government taking too many rights and amassing too much power (and in doing so has given the federal government way too much power - just as the opponents of the bill of rights originally feared). It should have absolutely no influence in a court case between two individuals.