Yes, absolutely. But it is not constitutionally resolvable.
Mucking with the Constitution, such as extending the 1st Amendment beyond restriction of government, such as suspending habeas corpus, such as fulfilling 5th Amendment requirements with secret trials, such as adding an interpretation of self-defense to the 2nd Amendment that the Founders debated and intentionally left out, is all really very dangerous because these alterations are effectively diluting our freedoms until they become unrecognizable, and it begins to look like conservative agenda to dismantle government to allow those with money and rich corporations to exploit masses of individuals without limitations.
Considering Justice Scalia's unnecessary and unsupportable and overreaching (without 2/3rds majority of Congress or the state legislatures) reinterpretation of the 2nd to include self-defense fundamentally changes the Founders intent from a selfless right to stand against tyranny to a selfish and redundant right to protect your flatscreen TV. This was nothing less than vandalism, and we are all less safe for it. It is the same with Guantanamo and the suspension of habeas. This did us no favors and reduced the rights of every citizen. It is the same thing with killing Anwar al-Awlaki (let's be clear tho, he was evil), a US citizen, without a public indictment by a Grand Jury nor a public trial, really screws everyone and is a step towards changing our world into Kafka's nightmare, and worse, because we're teetering in the edge of widespread ecosystem collapse due to the activities of big business. Once we change so much of the framework, our government will collapse, and along with it, our individual freedoms, and the slow murder of Earth will be put into overdrive. Then we'll all be dead.
So let's work out problems like the Hollywood Blacklist without mucking with the Bill of Rights.