Free Speech?

[Hazel]

I just read a scifi book in which a most interesting comment was made. I am sure most of you already knew this but the distinction just hit me when I read that the first amendment prevents only Comgress from passing laws against free speech. Apparently anyone else can. So, can a state pass laws limiting free speech, dress code, etc.? Can a city do so? I thought it would be good to hear other thoughts about this if anyone cares to do so.

Hazel

 

[Tsukasa Buddha]

No, the incorporation doctrine of the Fourteenth Amendment's due process clause limits State and local governments as well.

 

[The Fallen Serpent]

Any level of government can pass laws limiting freedom of expression. However as stated above, due to the 14th ammendment all levels of government must abide by the 1st ammendment when doing so. I believe freedom of expression cases fall under Strict Basis scrutiny in Supreme Court precedent when determining what is an acceptable restriction on expression.

A filthy dirty lawyer will of course be much more accurate than I.

To give context to why this is, the Founding Fathers did not all agree fully on the role of the Constitution for each level of government. There was a partisan issue of a strong Federal government versus strong independant States. The baseline aggreement between these two sides was the Constitution. The Civil War brought large quick changes into the relationship of Federal versus State power, resolving a number of the earliest partisan issues as far as modern interpetations are concerned. The 14th Ammendment being one of those solutions. Incorporation is not a quick process and has gone forwards and backwards on specific issues. There were state cencorship boards for motion pictures until the 1980s if I recall correctly.

 

[casebro]

Ont thing the OP touches on re the constitution is that even with incorporation, the constitution only limits government powers, NOT personal powers. For instance, individuals have the right to discriminate, unless in interstate commerce. It is legal to hate.

 

[rjh01]

However non government organizations can make almost any rules on the subject. For example this forum (and others) can make rules saying certain topics are not to be discussed.

 

[Hazel]

Thank you. I'll take another look at the fourteenth. It's been a long, long while.

You are right about individuals, of course. And shops, perhaps? I know they have dress and behavior codes that they enforce. Or, try to.

 

[Skeptic]

I just read a scifi book in which a most interesting comment was made. I am sure most of you already knew this but the distinction just hit me when I read that the first amendment prevents only Comgress from passing laws against free speech. Apparently anyone else can. So, can a state pass laws limiting free speech, dress code, etc.?

They indeed could, until the 14th amendment.

 

[lionking]

No, the incorporation doctrine of the Fourteenth Amendment's due process clause limits State and local governments as well.

The Fourteenth Amendment binds the whole world?

 

[the_smasher]

The Fourteenth Amendment binds the whole world?

No, just the important part.

 

[KingMerv00]

Not that my opinion is worth anything but I join the incorporation chorus.

 

[JoeTheJuggler]

The Fourteenth Amendment binds the whole world?

Given that this is the "USA Politics" subforum--yes. It binds all the governments in this particular universe.

 

[Beerina]

They indeed could, until the 14th amendment.

...unless their own state constitution also protected free speech, which many do.