Let’s say that the cops want to see if you have anything illegal in your house, but don’t have any probable cause with which to get a warrant. So instead, they coerce a local burglar into breaking into your home and reporting on what he sees, so they can use his report to obtain a warrant. Has the government still violated your rights? Many people would say yes.
Now let’s say that the government wants to control what you can say. It would be against the highest law of the land for them to do so. With that being the case, the government instead gets private industry to shut down what you have to say. Has the government still violated your rights? Many people would say yes, although sadly, many would also be OK with that.
So what if the FBI bought spyware that enabled them to break into your phone? Would that be OK? Even if they promised not to actually use it? Just the tip, I swear.