Unfortunately, this opinion is at odds with virtually the entire scope of 20'th century First Amendment jurisprudence. Not without reason, either - by this logic, your local police are perfectly able to suppress your First Amendment right to free speech, freedom of religion, and so forth, since the First Amendment is only binding upon Congress, and not them.
In any case, perhaps the appropriate next step is for supporters of Judge Moore to begin the process of amending the Constitution in order that it might more accurately reflect what they see as its rightful meaning in these sorts of cases...