(I skimmed your comment history for the elaboration, but found nothing in my brief search. Sorry!)
A lot of the concern over the loss of privacy from a 1st Amendment standpoint revolve around the idea that the US government will eventually start to silence dissenters. I don't worry about this, because I can write this comment, and as long as I don't literally make a direct or actionable threat against someone, no one on the planet but me will know who wrote it. Even after everything I've read about what the NSA is doing, I still don't think they have the capability of identifying someone in a position like mine without a warrant.
The idea that this comment is safe makes me think the US government isn't yet at a point where the article writer seems to think it is.
I'd elaborate, but I doubt anyone wants to hear it. Whenever I do comment on HN about it, as long as I stay nice, I get a few upvotes, but the replies are extremely hard-line responses that make it difficult to have a conversation.