Just to set one thing straight, with all this talk about free speech.
Constitutional rights, among which (as a rule) the right to free speech, are NOT rights of the individual per se. Constitutions are NOT a collection of fundamental rights of the individual which somebody (guess who... the gov't) would have to "defend". That's what they would like everyone to think, but that's not how it is. Well, at least that's not the idea behind constitutions and such (Bill Of Rights).
Contitutions are sets of rules binding, not the individual, but the *government*. The right to free speech doesn't mean anybody can say what they want in public; it means the *government* isn't allowed to impose any limit to your speech.
Similarly, the rule f.i. in the German constitution (which is quite a fine one as constitutions go) protecting the privacy of homes does NOT mean that it forbids burglary. It doesn't apply to individuals as such. It applies to governments and means, in this case, that the *government* (executive) isn't allowed to violate the privacy of your home (whereas the judiciary is). Of course, nowadays it's hardly worth the paper it's written on.
Individuals, then, are ruled by civil and criminal law -- not constitutional law.
Whether or not this is all right or perfect is beside the aim of this here humble contribution. But that's what the spirit of constitutions and, in general, classical (bourgeois) political philosophy is.