Just because courts have weakened the First Amendment as the American justice system understands it, does not mean they should have done so (or that their actio

Just because courts have weakened the First Amendment as the American justice system understands it, does not mean they should have done so (or that their actions were constitutional). Independent of the specific cases mentioned above, citing governmental restrictions on speech as justification for a weaker 1st Amendment feels circular IMHO (since the amendment exists to restrain the gov. in the first place).