Definitely sitting at home, getting paid leave and talking to his union provided lawyer and was told not to say anything by his coworkers who didn't arrest him for shooting multiple people.
It's just the phrasing that lawyers always use because it's difficult to prove that someone actually knew something. So even if the person denies they knew it wasn't one hundred percent true you can still make the argument that they should have known it wasn't true. Although, you cant always be sued for defamation about a group of people. It depends on the laws in that state
Even then, a state constitution can't override the federal constitution. You would need an amendment at the federal level for every statute that violates it. There's still laws on the books that were perfectly legal at the time they were passed, but never got repealed. Although I do think that it should be required to repeal laws that are completely unconstitutional such as sundown laws. Some states will pass preemptive laws that are conditional on a change in opinion from the supreme Court.
So you engaged with the content, the ultimate reason why it was created in the first place. He's not going to go through the trouble if it doesn't make money. Might as well just scream into the void if nobody watches it.
The issue is that some laws make complete sense, but you can have an activist judge or the SC declare it unconstitutional. Legislatures are elected and they can't be expected to know how a law can be interpreted.
Even something as simple as a noise ordinance could be considered a first amendment violation in certain cases.
I live in Illinois, they passed an assault weapons ban last year. Of course the gun people claimed it was unconstitutional because of the 2nd amendment. It's not but someone tried to make that argument and there's a non-zero number of judges who would agree with them.