So might makes right and the first ammendment extends as far as some good ole boy is willing to let it go?
You know, that is essentially how are country has always been run. From "blue laws" to Wild West sheriffs proclaiming "no guns allowed here", whoever had the force of the gun behind them, well, their rules went and tough pooh to anyone who disagreed.
The Constitution has some great ideas and concepts, but they were routinely violated from the day the document was signed. We kid ourselves into thinking the FF's were some great, "moral" men who wanted freedom and liberty for all.