In so doing he has the right to express whatever views he wishes -- short of treason, libel, fraud, perjury and the most extreme and direct provocation to riot or insurrection (that is before a crowd already primed to act with violence). Moreover -- and this is where the 1st comes in -- the GOVERNMENT IS FORBIDDEN EXPRESSLY to infringe upon that common law right. You see, the Constitution is a charter upon the Government's activities, not a charter constraining or permitting any action of the People's. That is so except for two specific clauses that do restrain the People, by their assent of ratification of the Charter. One such clause is the allowance for grant of copyright and patent. The other is treason.
Where does government get the authority to restrain the free actions of the People -- through the common law.
You will find this interesting.
I don't think I made that exact assertion but the Supreme Court disagrees with you, Professor Katz's comments notwithstanding Academic Freedom You might also check out Tenure