Technological innovation in communication by definition expands the ability of the people to freely communicate as they wish. If we accepted your argument that P2P does not expand one's ability to express himself, then what is to prevent government from outlawing any form of technological innovation? Imagine if the internet, radio, television, telephones, etc. were all made illegal. Would this not constitute an abridgement of freedom of speech rights? Why is P2P any different?