An absurd argument
If we pass laws that abridge freedoms, but don't actually use them (just yet), thats no excuse for those laws and no justification for those laws. Your freedoms are exactly what is defined under the law as ruled consistent with the constitution. If you legislate away freedoms, then you are less free. Your argument could be used to defend a person walking around pointing a gun at whomever he so chooses: 'Well, he actually didn't shoot anyone... so whats the big deal!?'
Yeti