Do you really think that Justices Scalia and Thomas are just plain wrong about requiring states to observe First Amendment limitations? Do you think that they're just engaged in an unfair federal power grab?
until the rights in the bill of rights are legally repealed they are binding. It does'nt matter if the supreme court judges say that because there is a precedent saying so it makes it law or has the power to alter the constitution. The biggest problem in america with this is that there are many people that think only federal judges and lawyers can understand the constitution. If the people cannot understand the constitution how can the people they elect and those they appoint be held to it? The people would have to defer to lawyers and judges because they are incapable of understanding it for themselves. This of course transfers the power from the people to the laywers and judges who 'interpert' the constitution. That is hardly what the founding fathers had in mind.