I'm not advocating that what's happening is ok. I'm talking about the physical act of speech, not the cultural or psychological aspects. I agree with you on those.

It's just that in the 1700s, if you were working on a newsletter or pamphlet (like, say, a Federalist Paper), your draft would be on paper in your home. If the government wanted to read it, they had to come to your home and seize it, in which case you don't have it anymore. Your speech is directly prevented in a physical way.

Today, your draft might be stored a server that is owned and operated by a 3rd party. The government does not need to come to your home to read it. In fact you would have no clue that it was accessed at all. You could go on with your life and publish as though the access never happened.

Am I saying this is OK or right? No. It just is.