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I don't consider them all to be the sort of communication protected by free speech. There are many pieces of information that you're not allowed to disseminate, such as copyright material, trade secrets, government secrets, slander and libel, false advertising, child pornography, regular pornography (to children), etc. They are not protected by free speech. And unless we're banning everything not protected, there's a lot of other stuff that is not protected that we didn't ban.

We could also protect anything that is not banned.

It would be pretty tricky if the protected or banned status of a speech would be defined only after it was said. This would fly to the face of the principle against retroactive juridical powers (that is you have to define a crime as a crime before the crime is committed).
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