to be fair, whilst it's true the distinction is hugely important to US concepts of free speech, it's also true it's not necessarily as material as it might seem. The state is composed of people, who have the right to sue their critics for alleged slander/libel (quite a lot of political speech involves making adversarial claims about people or corporate entities which could theoretically be ruled as malicious and factually untrue). Politicians suing other politicians or critics is unusual rather than not permitted in the US, but in other places like Singapore tort law is used consistently against prominent critics. It's possible for civil courts to be consistently biased in favour of politically-connected individuals and companies and for the consequences for criticism of them to be financially ruinous, and possible for actual criminal speech offences in other jurisdictions to have [lower] purely financial penalties, stronger presumptions in favour of the defendant and more scrupulously independent judicial processes.