Because history has proven time and time again that government can not, and should not be trusted.
>The presumption in the USA is that government is fundamentally untrustworthy and our enumerated rights exist as a protection against the government.
The presumption in the USA is that rights are not enumerated at all, we do not have enumerated rights. The Bill of rights is not designed or intended to list all of the rights a person has.
The constitution is a document outlining what government can do, if the constitution does not give the government the authority, the government is prohibited from acting.
This is almost the exact opposite of however other nations government is authorized where the government is giving total power and then some government powers are prohibited or limited.
I do not see how any rational person would want to give government near unlimited power.
And no, the USA does not say that rights are limited to the ones enumerated in the Constitution. However the ones enumerated in the Constitution do have special legal status.
I honestly have no immediate answers for situations like this. Our current frameworks don't allow for it.
Frankly, I support the idea of global democratic bodies working on issues like this for willing members. But I'm a natural born humanist, so I'm extremely biased!
The presumption in Canada is that there is a balance to be found between different kinds of rights, and the government can be trusted to do a reasonable job of finding it. I remember feeling that way, and wondering how a rational person could see it otherwise.
The presumption in the USA is that government is fundamentally untrustworthy and our enumerated rights exist as a protection against the government. While we may feel for the person who gets smeared by public rumor, we are scared of giving judges power to casually order the media around. This becomes in a sense a self-fulfilling prophecy. We hold our government to low standards, and our government fails to achieve them, which confirms the low opinion that we have of our government.
In the case of high profile cases, the Canadian approach is to say that the media can't report. Jurors show up each day, hear evidence, and go home. Then eventually they make a decision. The US approach is to select a jury that has not yet been biased by the case, and then put them in a hotel with no access to the media.
The controversy in the Bernardo case was because Canadian jurors could go home, turn on the TV, and hear an American station reporting on allegations that might or might not have enough evidence behind them to show up in court. So Canadians wanted American media to stop irresponsibly reporting on it. But how would YOU feel if another country wanted Canadian companies to follow THEIR laws? Yeah, that's exactly how Americans felt about the Canadian complaints.