[William Tell]

robertpaulsen said: "It was thought that the U.S. Constitution BOR would be selectively incorporated under the P&I Clause of the 14th amendment. The USSC surprised everyone and used the Due Process Clause of the 14th amendment instead.

WHO thought that the BOR would be selectively incorporated? Please provide an act of "incorporation" which used the "due process" clause. The very word "incorporate" implies a process to include in the body of privileges and immunities. To what would the word "incorporate" refer if the issue is "due process"?

[robertpaulsen]

Please read How the First Amendment Came to Protect Topless Dancing . I know, dumb title, but it is chock full of excellent information.

"Please provide an act of "incorporation" which used the "due process" clause."

From the above cite:

"The "incorporation" of freedom of speech dates to the 1925 Gitlow v. New York case, when the court said, "For present purposes we may and do assume that freedom of speech and of the press -- which are protected by the First Amendment from abridgment by Congress -- are among the fundamental personal rights and 'liberties' protected by the due process clause of the Fourteenth Amendment from impairment by the States."

NOT the P&I clause.