[goodnesswins]

See post 11. Beat ya.

[AntiGuv]

This has nothing to do with penumbras or emanations or your nonsense on post #11. Congress does not have the enumerated constitutional power to abridge free speech, and so it's irrelevant whether you have a right to any particular form of it. In fact, Congress so doesn't have the enumerated power to abridge free speech that it is explicitly underscored by the First Amendment, presumably to ensure that Congress does not find any penumbras or emanations within its enumerated powers - such as the Commerce Clause - by which to pretend it has the power to abridge free speech.

The First Amendment means precisely what it has: "Congress shall make no law ... abridging the freedom of speech." Is there any part of that you don't comprehend. No law means no law; speech is not qualified. The First Amendment does not prohibit states from abridging the freedom of speech. The question at hand is whether the First Amendment is incorporated (by the 14th Amendment) or not. If it is, then the debate is over: neither the Congress nor the States shall make any law abridging the freedom of speech. If it's not, the States can do whatever, but as for Congress: "Congress shall make no law ... abridging the freedom of speech."

Do you get it now? This criminal case was brought under federal law.

[AntiGuv]

Sorry about the typos. My internet connection is acting all screwy - keeps fading in and out all day - and it's making me rush when I try to post something. LOL