We didn't ignore. Most of us are not Canadian, the law is different.
I was asking a question about American law though. We don't have the concept of first amendment's and whatnot in Canadian law. The Canadian Charter is organized by sections, not amendments (like the U.S. Bill of Rights).
This is the first amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
So the text of the constitution seems to create the inference that the state cannot infringe on speech until the speech is published. However, the Supreme Court has interpreted that there are a limited set of exceptions where the government can prohibit the publication of speech before its published such as under a national security threat or obscenity laws.
That is basically the reason why I had trouble answering this question. It can go either way, right?
Oh well, if it comes up on my exam, I think I'll guess true. = Thanks for your help.