“I think I agree with Thomas on this one.
I would not agree if this was a federal federal law, but it’s not.
Given that this is a state law, and the absence of any compelling reason this is a form of speech that’s within the intent of First Amendment protection I’m inclined to leave it to the states.”
This is why the 1st amendment as written, ratified, and practiced for the first 100+ years. DID NOT APPLY TO THE STATES!
Incorporation is a radical and completely arbitrary invention of the Federal courts(IE Federal injustice system) as early as 1925.
This is why the 1st amendment as written, ratified, and practiced for the first 100+ years. DID NOT APPLY TO THE STATES!True, but that applies only to the 1st Amendment. That's the only one of the Bill of Rights that specifies EXACTLY who it applies to: "CONGRESS shall make no law", meaning the Federal Congress.Incorporation is a radical and completely arbitrary invention of the Federal courts(IE Federal injustice system) as early as 1925.
The other amendments, in those parts which are protections of the rights of citizens, were taken to be applied within the State as well, as each joined. Early pro-slavery Judges shunted out that original intent.