Is it Protected, a Given Right or Hateful?

A man in Alamogordo, N.M. has worked with an obvious anti-abortion group, the Coalition About Needed Information (C.A.N.I.) to put up a billboard that discloses some personal, medical information about the man's ex-girlfriend.  Basically he has told everybody on the main thoroughfare that his ex had an abortion.  The ex-girlfriend has taken him to court for harassment and violation of privacy. A domestic court official has recommended the billboard be removed. (MSNBC.msn.com)

Now, the U.S. Department of Health and Human Services does offer federal protections for personal health information.  But that is primarily for "covered entities", preventing doctors and such from releasing the information. (HHS.gov)

This New Mexico man is probably not a covered entity.  But is this his right to free speech?  His attorney says "the First Amendment protects distasteful and offensive speech."  So then it is just hateful?

Probably just hateful.