The First Amendment applies to all levels of government in the United States because the First Amendment has been legally incorporated.
See this explanation: https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights
So it is NOT ‘moot’.
That may be, but in truth, just as with other judicial overreaches, the Constitution is plain as day.
So, when are all the porn laws going to be struck down?
It is not an exercise of free speech to yell “FIRE!” in a crowded theater, unless and of course, there actually is a fire.
Even when said fire is emanating from a pantsuit made from a Kirby vacuum bag.