Would that be the Constitution? Because we derive free speech from the Constitution does that imply the government determined that free speech is a right?
I believe rights are created by explicit contracts as well as the rise of moral norms in society also known as ethics.
Today it is true that our rights are determined by government. Since these can be granted and removed according to the whims of the government it is doubtful rights granted to us by government can actually be considered rights though. It is probably more accurate to say that we don’t have any rights in current society.
Unless we believe there are some ethics which are more powerful then government that they can’t violate (or rather change, individual cases of violations always happen) without rebellion…
No, actual contracts. Agreements made between individuals. The idea of a “right” to free speech is absurd, you need a right for something that isn’t free.
Our rights are NOT given to us by anything, anybody or any supernatural entity. Our rights are solely a product of our self aware nature as human beings and our ability and need to protect ourselves and our property.
If government exists at all, it can merely act to PROTECT rights, but it can never GRANT rights.