When two parents are involved in an ongoing and contentious custody battle over a minor child, does one parent have a First Amendment right to criticize the other parent's parenting style and to threaten litigation and public disclosure of prior misconduct without the risk of arrest, criminal prosecution, and incarceration? And, on a related note, can state courts regulate and criminalize such speech and expression through prior restraints (harassment restraining orders) without violating the First Amendment?

Does one parent have a First Amendment right to criticize the other parent's parenting style and threaten litigation without risk of arrest, prosecution, and incarceration?