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To: jwalsh07
Now, you tell me when the "total incorporation" theory of the 14th as applied to the BOR came into being.

I give up. It was recognized as of 1947 (se #297). The 14th Amendment was used to extend the 1st Amendment to states in this case in 1925.

For present purposes we may and do assume that freedom of speech and of the press-which are protected by the First Amendment from abridgment by Congress-are among the fundamental personal rights and 'liberties' protected by the due process clause of the Fourteenth Amendment from impairment by the States.
Justice SANFORD

GITLOW v. PEOPLE OF STATE OF NEW YORK, 268 U.S. 652 (1925)

Now let me ask you a question. Can you cite any SCOTUS opinion or even dissent which denies that the 1st Amendment applies to states?
341 posted on 11/11/2003 5:42:46 PM PST by Looking for Diogenes
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To: Looking for Diogenes
Every SCOTUS ruling prior to Gitlow and post 14th Amendment. I could give you examples but to what purpose?

As I explained earlier the 14th guarantees all American citizens fundamnetal rights, the right to life not withstanding.

The defining of the limits of liberty not congruent with fundasmnetal rights was meant to be left to the states. For instance, Texas could have sodomy laws while California did not. Las Vegas could have brothels while my small town could zone them out. Wisconisn could have concealed carry while Massachusetts doesn't. Alabama could display the Ten Commandments and New York could choose not to.

Freedom doesn't come from a strong central government run by 9 robes. That's my story and I'm sticking to it.

342 posted on 11/11/2003 5:55:40 PM PST by jwalsh07
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