So... what? It would be hard for authorities in the US to pass a law restricting speech, so instead they just restrict speech without going through the bother of making a law about it? How is that better?
Are you sure about that? If a government passes a law restricting speech because it has to, and then enforces it to restrict speech, it isn't clear to me that's worse than a government which doesn't bother with laws in the first place. Either way, you have no freedom of speech, but at least with the former you still have some semblance of rule of law. That's more important than speech, IMO (although of course without both you're already pretty fucked).