I see where you're coming from on this, but I think constitutional originalism and the alleged legal purity of the Supreme Court has long been compromised - as can be seen by the extent of the fighting over who gets nominated to the Supreme Court.

See also https://en.wikipedia.org/wiki/Posadas_de_Puerto_Rico_Associa... (I don't really know US constitutional law, but this is linked on wikipedia!) - arguing that advertising can be restricted in the US under some circumstances.

(The extent of US TV censorship should also be considered here, along with the great "community standards" fight over internet censorship way back in the Clinton era)