I don't see how this thread won't get locked, but I'll try...
While making offensive images is protected free speech (not in all countries, but we'll use USA here) under the First Amendment, it does not protect you from its consequences.
I am not the LegalEagle, nor a lawyer, so please forgive the butchered example.
So, for example, let's say an easily recognizable and copyrighted character was doing something awful that they would never do. This lead to financial losses for the owner of said character, and they went to sue the creator in civil court for defamation.
Who would get sued?
Copilot owner, microsoft?
Dall-E owner, openAI?
The person who typed in the prompts?
Some other person in the chain?
AFAIK, all of this AI art and free speech stuff has not been tested in court.
I know of some lawyers/lawfirms using chatGPT to write cases and losing badly, but beyond that? untested.