I'm certainly no expert in the rules at play here, but I can't fathom how posting on a public forum and saying "let's all go buy $GME and screw these hedge fund guys!" would not be absolutely protected by the First Amendment. There's no fraud or anything like that, and you're not posting anything false or misleading about the company.
If a bunch of people feel like it's a good idea and want to join in, then it is what it is.
Because there is the first amendment...and there is securities fraud. You are saying: anything that anyone says at any time has no legal consequence because of the first amendment...no.
Misleading stuff is being posted on wsb. And some people are likely not being honest about what they are doing (i.e. telling people to buy when they are selling). This is how pump and dumps work. If you buy a stock worth $5 for $300...your only option is to sell to someone who knows nothing. That is what it is happening now.
The stuff about hedge funds only came later, it is funny that people are citing this now (as ever, financial markets and ex-post rationalisations...human reasoning is amazing). All this stuff about revolutions against bankers, and the wealthy, and politicans leaping onto it...lol. The funniest thing about this is that people who have the least knowledge believe they need protection the least...and when this blows up, they will still say it is rigged. Oh well. Plus ca change.
If a bunch of people feel like it's a good idea and want to join in, then it is what it is.