But the government *is* using (or abusing) that power despite the ostensible protection of the Constitution. So having that freedom is illusionary in a sense. A "good government" won't pull this shit. That in part is why many want certain speech to be prohibited by such a "good government."
You missed the entire point. The entire point is that there has never been, and will never be, a government that will never use the law in such way or be tempted to. Removing that authority from the government is the only way to prevent it.
Yeah, my take is sorta like, it doesn't matter whether or not your government allows you to punish bad speech. A 6-3 court can tell Republicans to do it anyway.
And when/if a court hears this, the state will be enjoined from doing this.