I'm not sure if you know what the "first amendment" is. I'll tell you what it isn't, it's not a magical trump card that lets you say whatever you want.
That's a VERY different situation. Google is claiming there that (essentially) they have the right to put sites in whatever order they want, and US courts are extremely sympathetic to that argument.
Here the issue is that Google is making direct, verbal claims about other sites. That's not to say Google couldn't come up with a strategy to win in court, but the strategy would have to differ markedly.
