That sort of concept of freedom of speech is so broad that if actually enforced, it would effectively prevent any laws that regulate businesses. While it's tru

That sort of concept of freedom of speech is so broad that if actually enforced, it would effectively prevent any laws that regulate businesses. While it's true that businesses can assert First Amendment rights, as with this recent Supreme Court case https://www.nytimes.com/2017/03/29/business/supreme-court-credit-card-fees.html https://www.nytimes.com/2017/03/29/business/supreme-court-cr..., that doesn't mean that laws that make it illegal to inquire about or take into account past salary history, marital status, pregnancy status, etc. are all unconstitutional simply because spoken communication might take place during the process of flouting the law. Or to put it another way, it's not the words, "So, are you pregnant?" themselves that are the problem. The problem is the implicit idea that an interviewee's answer to this question will affect the employer's hiring decision, and the law says it should not.