>the question of "where should the line be drawn and who should draw it" has already been settled
I think it should at least be a line open to challenge without being accused of being brainwashed. If that line cannot be questioned, we're skating on dogmatism. There are very few good reasons for a special guarantee of free speech (versus, say, a special guarantee to be able to eat fries) which stand up to closer scrutiny.
The only convincing reason for a constitutional guarantee to freedom of speech is mistrust in the government, but again, that depends where you draw the line. Food regulation is arguably just as important in our lives, but few mistrust the FDA as to call for its abolition, or propose a constitutional amendment banning all regulation of foods.
This isn't a matter of what the law is, it's a matter of what the law should be - whether it's a constitutional law or not.
I think it should at least be a line open to challenge without being accused of being brainwashed. If that line cannot be questioned, we're skating on dogmatism. There are very few good reasons for a special guarantee of free speech (versus, say, a special guarantee to be able to eat fries) which stand up to closer scrutiny.
The only convincing reason for a constitutional guarantee to freedom of speech is mistrust in the government, but again, that depends where you draw the line. Food regulation is arguably just as important in our lives, but few mistrust the FDA as to call for its abolition, or propose a constitutional amendment banning all regulation of foods.
This isn't a matter of what the law is, it's a matter of what the law should be - whether it's a constitutional law or not.