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by pdonis 1018 days ago
> the bill of rights is a set of restrictions on the _federal_ government

The First Amendment as it is literally worded is, since it specifically says "Congress shall make no law...". But the rest of the amendments have no such restriction; they just say certain things shall not be done, period. Given the Supremacy Clause, that means those provisions should apply to all levels of government, not just federal. (Granted, the courts originally did not interpret them that way, but IMO they should have.)

That said, current jurisprudence, regardless of the literal wording of the bill of rights, is that they apply to the States, even the First Amendment. IIRC most Supreme Court decisions along these lines have cited the Fourteenth Amendment.