The first amendment recognizes a natural right, it doesn’t create it. Granted, its protection of that right is limited, but the right still exists even when it is not legally protected.
There is no such thing as a natural right, other than the fact that the strong are able to enforce their will on the weak. Everything else is just things we, as a society, believe are important for everyone to have. And we generally band together to enforce that people _do_ have those rights; effectively increasing our strength to enforce our will anyone that disagrees. That's a good thing, and it's kind of _why_ society exists. But the fact that our society values a right doesn't make it "innate to the universe" in any way. Rights are "discovered", they are "defined and desired".
That's not how Lockean ethics sees it, and if results are what we care about they're a pretty effective worldview to hold - assuming we want a free and prosperous society.