<span>cautiously I believe correct me if I'm wrong.</span>
James Madison's theory treats freedom of expression as an intrinsic feature of democracy. In this way you should not use the pretext of "defense of democracy" to silence a man because you disagree with him, even if he is a fascist.
We can cite as evidence the power relationship between the king or president and the people. Freedom of expression does not exist for the tyrant to be silenced, but for him to speak and we can answer him.
1: James Madison created the constitution. It was created for to give citizens rights and freedom.
2: http://www.crf-usa.org/bill-of-rights-in-action/bria-25-2-the-major-debates-at-the-constitutional-convention.html
4: The three branches of government are Executive, Legislative, and Judicial.
5: checks and balances were created to have equal power, neither branch as more or less power. They are all equal power.