We are talking about an employment tribunal, not a court case. I do, however, think employers should have the right not to employ people whose views might be hurtful other people they employ, when those people have explicitly stated they reserve the right to express those views
Everyone's view might hurt other people's feelings.
Being hurt by other people thinking things you don't like is infantile at best, worthless at most, and when you expect it to be brought out into the world and used to control other people it is dictatorial and narcissistic.
Now here's a thought for you: I think most of us are sensible enough NOT to offend other people and court controversy in a professional context - far from something we assume people aren't foing this is basic human competence under most circumstances. Despite that, people who like controversy in the workplace sometimes seek to place other people, through gas lighting, manipulation etc into situations where they feel they must stand against something unreasonable and lose their job.
Before you take the moral high ground on this, how would you fare if somebody spent time and efgort identifying exactly which hill you would feel you had to die on before doing so?
I have seen this done to people - a fine colleague lost their job at my company this year exactly like this, because bullies can be good at what they do.