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There’s a plausible argument that Gitlow v New York (1925), which extended the 1st Amendment to apply to the states, was wrongly decided. I can’t see how any co
by skissane 4y ago
There’s a plausible argument that Gitlow v New York (1925), which extended the 1st Amendment to apply to the states, was wrongly decided. I can’t see how any consistent originalist could disagree. The framers of the 1st Amendment saw protecting free speech at the state level as a job for state constitutions not the federal constitution. The framers of the 14th Amendment never intended it to change that in the general case.