I doubt Randall Munroe of XKCD created it, but he certainly popularized it on internet with his free speech comic. The confusion seems common to America, where

I doubt Randall Munroe of XKCD created it, but he certainly popularized it on internet with his free speech comic. The confusion seems common to America, where the constitution is seen as the source of the rights, rather than as a document referencing pre existing ideals.