There is no difference between saying what the government must or or must not do. Both require legislative support to protect the rights. This is about the governments ability to execute that legislative support. You can be a copyright holder in the US, but if someone outside the US steals your copyright or IP, there is fuck all the government can do about it directly. The government can ensure you have free speech in it's jurisdiction, it can not ensure you have a liveable climate within its jurisdiction. That is why the Constitution does not protect that right. You cant go to Saudi Arabia to protest then have the US protect your free speech, that's not a thing.