> The freedom of speech isn't the freedom to speak without consequences
People in East Germany were free to speak, they just got consequences.
Freedom of speech in the US means that the government can't punish you for saying something, except in situations where they can (incitement, copyright, libel, contempt of court, etc)
Freedom of Speech in the US is a tenet and a philosophy.
What you're referring to is called a constitutional amendment, which also gets pulled under the umbrella term 'Freedom of Speech' because it's a practical implementation of the ideal.
This idea that it's defensible to actively work against the ideals of Freedom of Speech because of a constitutional amendment just doesn't fly. It would be akin to me claiming it isn't immoral to cheat on my spouse because there are laws requiring lawyers to avoid breaching the trust of their clients and therefore trust isn't anything people should consider unless they're lawyers.
People in East Germany were free to speak, they just got consequences.
Freedom of speech in the US means that the government can't punish you for saying something, except in situations where they can (incitement, copyright, libel, contempt of court, etc)