Aren’t you about 140 years late on the Argument that the first amendment only constrains Congress??
C’mon now...
I have just barely started having fun with this.
...but if we’re going to use the judicially created “incorporation” doctrine, don’t we have to recognize that even with strict scrutiny, there can be restrictions on 1st Amendment rights?
...or do we only like judicially created rules of interpretation when we like the result?