It does not pass the "friend test" in that if a human friend were to make such comments instead of ChatGPT making them, the human friend would be within his free speech rights to have made them. As such, I don't see any valid legal issue here affecting ChatGPT that should stand in court. I see possible ethical and objectivity issues, but not a valid legal issue.
Yes, it is called free speech, as is already duly noted in my parent comment which you may read again. In fact, the responsibility to note a legal doctrine of wrongdoing is entirely yours.
Free speech absolutely does allow assigning blame, whether correctly or incorrectly. It also allows suggesting criminal action at some point in the future, just not imminently.
