So the smart people or the dumb people need to make the determination as to what are the bad ideas? Or the REALLY SMART PEOPLE like you make that determination? Face it, you're never going to get away from the "benevolent" overseer who figures the truth out for everyone else.

The fundamental flaw is that you're always trying to put everyone on different levels of intellectual responsibility and whenever you do that you fall into an elitist model of governance, which is what the first amendment was specifically designed to prevent.