Seems to me that free speech is based in private property and the right to contract. Before speech is spoken, it belongs to the one who thinks it up. Even if he copies it from somewhere, he places his own nuances on it. It is his private property. When he speaks it, others hear by agreement to listen. If there is not agreement to listen, others won't hear it. They will place themselves in a position where they can't hear it. So, just about everything done between the people involves private property and the right to contract. | The right to free speech as maintained in the 1st Amendment is simply the right to make private speech (or thinking) a public thing. This right exists without the 1st Amendment, because any government person making a law against free public speech can be adjudicate against man-to-man for limiting the freedom of someone else. Having and agreeing to the 1st Amendment simply makes things easier.