"A free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate." Thomas Jefferson
As Jefferson wrote, our rights are not a gift from our government. Our rights of free speech, life, and liberty are all from God.
Our Declaration of Independence is even more clear. "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed..."