[AnthonyMouse]

I think the heart of this is the is/ought distinction.

When you have a right to free speech and then someone puts you in jail for exercising it, it isn't that you don't have the right, it's that your right is being infringed.

Calling it a privilege that you don't have any time someone is infringing on your rights would mean that nobody's rights could ever be infringed, since any time they were infringed it would merely mean that you didn't have them to begin with. But you do. People have human rights even when someone is violating them.