> Speech restrictionists also tend to ignore the "circular dependency problem": without anyone to defend a position, how do we know if that position is defensible? For example, suppose you live in a theocracy. You're an atheist. You start making your case for atheism. Just as you're about to make your case, the theocrats interrupt: "This speech is killing people. It's preventing them from reaching the blissful afterlife by converting them to atheism. This person is attempting eternal murder." And then throw you in jail.

How is that supposed to be specific to speech? This argument generalize to any prohibition: just because a dictator could use a law to put you in jail doesn't mean laws (or even jails) are inherently bad!

As a extreme example: should we allow rape or pedophilia because religious leaders in power are known to put people in jail for their sexual behavior? Obviously being put in jail for what you do in your sexual life is terrible, right, but that doesn't mean that the law has no say in any human sexual behavior either…

No right is absolute, it's always subject to the law. And all you can wish for is having a law for your country that sets the right balance between freedom and protection, and that's why democracy is important: so that the people can actually have a say on the balance, hopefully moving it to match the moral values of the society (though within the society there will always be debates on the balance, this is inevitable).