So does that mean that the mayor or city council of my town can pass a city ordinance prohibiting criticism of the city government?
I’d rather the first amendment apply to all levels of government.
That’s where the incorporation clause comes in.
States cannot deprive you of your first amendment rights because of it, though some do try.
“So does that mean that the mayor or city council of my town can pass a city ordinance prohibiting criticism of the city government?
I’d rather the first amendment apply to all levels of government.”
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I don’t know for sure (and don’t have the time currently to research it) but I would suspect many State constitutions would also have articles prohibiting restraint on freedom of speech.
Perhaps another FReeper knows this off the top of their head.
From the Preamble to The Bill of Rights:
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
From the first amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
The tenth amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Article VI: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
(All citizens ought to know the Constitution of the United States of America better than any other document in our lives. Therefore, you ought to know this. Not necessarily have it memorized, but you should know it is a part of the Constitution.)
Me too