BobG
Science Advisor
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CRGreathouse said:Thanks for the reference, BobG. But the opinion seems to specifically deny the relevance of the 14th Amendment -- that the only objections that could be raised would be on 1st Amendment grounds:
Am I misreading this?
No, you're not misreading it. The 14th just provides the link so the 1st Amendment can be applied to a state government (as opposed to being restricted just to the federal government). The logic of the case still depends on the 1st Amendment.
The 1st Amendment originally only applied to the federal government. It was this clause from the 14th Amendment that made the Bill of Rights applicable to the individual states:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
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