I don’t believe there was any hidden 1st amendment meaning in AG Barr’s comment to the president.
I think the words mean what they mean, and he was simply affirming that the border crisis and the national emergency is a “real, clear, and present danger to the American people.”
Video is here (currently third one down) ...
https://twitter.com/realdonaldtrump
i.e. the crisis and the emergency at the border is a danger
The National Emergency declaration is a solution.