It appears to be more about being allowed to communicate, than being allowed to do so privately.
To say I don't have a right to use encryption is to say I don't have a right to speak things that other can't understand. And I see: it's not my fault you don't understand.
If you want access to encrypted information, break the encryption. Outsmart me. Don't make it illegal for me to outsmart you.
You have the right to communicate freely -> encryption is just a form of (ostensibly garbled) communication -> you have the right to use encryption freely.
Nothing in that clause says the communication must be understandable or even interpretable by all people.
I don't think outlawing maths or outlawing companies from making an iPhone that they themselves can't break into is even remotely possible. The conclusion from that is that what we have can't really be a war on crypto, it must simply be the noise of people who realized they already lost.