I'm really not following your argument here. It seems like you are saying that free speech is an important principle more expansive than what is currently codified in the constitution, but that because some parts of society have "abandoned" this principle (as if there was ever universal agreement on your interpretation of the broader principle) that now even enforcing the existing law would be too ad-hoc and a violation of the principle. This really seems like a throwing out the baby because there are a few remaining drops of bathwater on it kind of situation.
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