You don't get to pick and choose parts of the Constitution that suit you and ignore other parts that stop you from doing what you want. That is the Liberal/Progressives ploy.
Amendment XThe powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Free Speech is covered in the First Amendment. The First Amendment recognizes the right and by the passage of that Amendment the Government of the United States has the power to protect that Right. Thus the Tenth Amendment states that any powers "NOT" delegated to the Government of the United States nor prohibited by them are reserved to the States. Thus the States have no right to limit Free Speech because the Fed Gov has the power to protect it AND is ordered to do so by the law of the land!
This is 1st year civics stuff. Might I suggest you sign up for a refresher course.
This is 1st year civics stuff.
It's the legacy of Roosevelt's court, and contrary to the Constitution. I'm sure you're a good conservative, but you're trying to realize our civilization's revival using the legacy of Leftist thinking—an America whose freedoms were all granted from Washington. The USC was never designed to do that. The First Amendment protects us from the Federal government. FUBO and his Congress are forbidden from interfering with your unflattering articles or speeches about him. And the 1A pretty much protects us from the State governments, because the people insist on liberty at the State level as well. That's why the states all have their own constitutions. But the Founders never intended, and never wrote into our Constitution, any powers for the U.S. Supreme Court—of all things—to outlaw local ordinances against loitering, blasphemy, obscenity, flag-burning, or, for that matter, abortion, which they have falsely claimed the authority to do.
The key legal (as opposed to moral) reason Roe is absurd is that murder is a state matter, and the Feds have no authority there. The reason Federal rulings on laws against loitering and flag-burning (except on Federal property) are absurd is that ordinary public order is a local matter. Meanwhile, notice there's a whole six-pack of laws peculiar to Federal property that restrict our liberties all over the place.
The Founders put their faith in people's willingness to change their own local governments, or if need be, to move to better jurisdictions—rather than in Federal micro-management. The problem is that, when "freedoms" come from Washington, they're too vulnerable to big lobbies, and mostly wind up being the freedom of an incompetent applicant to get hired by you, the freedom of the Federal government to make you pay for and build a handicap ramp to your office door, the freedom of the Feds to insist that you make more girls at your college go out for intercollegiate sports—or cut the number of boys' teams . . . and so forth. Post-Roosevelt (and Wilson) the Feds dispense a lot of theft and tyranny, because they are too distant to be sufficiently accountable to the people on such small-scale matters.
Small-town small-mindedness was always an obstacle in America's more Constitutional days. But you could always move to a livelier burg. Today, with the arrogant Feds crawling everywhere, there's almost nowhere to run from Big Sis and the EPA. The more I know about FUBO, the better I like Original Intent.
I should point out that this statement is untrue. Here's the 1A:
"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."
You may be alluding to the "incorporation doctrine," a Supreme Court power-grab stuffed into our jurisprudence in Everson vs. Board of Education in 1947, that in effect claimed authority over essentially all state law pertaining to the First Amendment. It's Rooseveltian socialism—and to get there, the Court had to reverse its earlier opinion in Lochner vs. New York. It's all a corrupt mess. We need to go back to the government described by the Founders. They had common sense.