Would you say that a presidential order restricting speech could act in ways that a Congressional law could not? That would technically avoid violating the 1st, since Congress has made no law. Your general point is correct, that private entities aren't subject to the first amendment directly. But it's important to note that the US constitution is more than just the written document, it is also all the court precedents which surround it. The UK has *no* written constitution the way the US has, it is all precedent and tradition. My point is you don't need to be quite so tired.