This is more or less what I'm saying. I don't really see how the government can have a direct and active defense of the First Amendment as it applies only to the government. I'm just speaking of the other laws on the books that the government may choose to not enforce that will lead to a person unable to exercise free expression. I interpret that type of inaction by the government as a form of a First Amendment violation.
I guess for me it's the "active" defense of the First Amendment that concerns me, because depending on what that means it could easily be actively abused in exactly the ways that we're discussing through inactivity.
For this, I think other laws, assuming they're fairly applied, are sufficient and less open to interpretation.