> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

This is the entire text of the first amendment. Congress did not make the CCPA. The first amendment is irrelevant. Technically the first amendment also does not prevent Congress from saying you're not allowed to remember or see things, either, though likely there's other laws about this and/or an assumption that Congress will not make laws against thought crime and reality.

Not exactly. One can be charged with stalking, even though the offender only went to places in public that the victim also went to. If combined with a pattern of behavior that, in aggregate, infringes upon the rights of the target, it can become a crime.