Unfortunately, declaring "EM freedom" is pretty much incompatible with the idea of using the EM spectrum for anything useful. If my freedom to actually use a cellphone or a wifi network conflicts with your freedom to make a 10 kW roving-frequency 24-hour bagpipe music transmission, how do we resolve that one?

This isn't really a hypothetical problem either -- if anyone could broadcast anything at any frequency at any time I'm pretty sure everything would fill up with ads of some kind.