It's hardly pedantry when it comes to legal documents... The first amendment does not protect against figurative prosecution, at least to my knowledge, so your

It's hardly pedantry when it comes to legal documents... The first amendment does not protect against figurative prosecution, at least to my knowledge, so your premise is off. I realize you probably feel the actual text of the first amendment is needless pedantry, but what it actually says is congress shall pass no law...