When there is speech infringement with arrest, must there be a venue for confrontation and evidence the state did not provide as due, before a federal court can rule on fact?

When there is any stated opportunity to file an amended complaint no matter how futile or misconceived, does this give a court of appeal discretion to not review the actual issues appealed, which are that the district dismissed all the plaintiffs claims with prejudice and intended to?

Can a state penalize political speech based on an imagined crime witnessed by nobody, where a federal court accepts facts provided by nobody contrary to the sworn statements of the political speaker as firsthand witness?

When there is speech infringement with arrest, must there be a venue for confrontation and evidence the state did not provide as due, before a federal court can rule on fact?