The state is so powerful that inviduals should be given such affordances, and should be allowed the put the state to strict proof.

Europe is a nonsense in this regard: you have rights, except all the special cases when you don't. You have a right to free speech, except for all the ways in which you don't. You have the right to silence, except when you don't.

Which is also true in the US, after all they restrict obscenity as a form of speech. It's just that they have much fewer exceptions.