> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

So this puts us as requiring a constitutional amendment since only that can carve out an exception to something earlier in the constitution (see the 21st amendment which repealed prohibition) and unfortunately constitutional amendments have an extremely high bar to clear to make them happen. Not just a "half of the bastards finally agree" like a regular law ...

Per article 5 of the constitution:

> Amendments may be proposed either by the Congress with a two-thirds vote in both the House of Representatives and the Senate; or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures. To become part of the Constitution, an amendment must then be ratified by either—as determined by Congress—the legislatures of three-quarters of the states or by ratifying conventions conducted in three-quarters of the states

75 percent of the state congresses have to agree to it on top of 2/3 of the federal congress.

It will never happen short of some apocalyptic social shift.