Does the First Amendment apply to state laws?
Asked by: Vida Rau | Last update: June 17, 2026Score: 4.6/5 (28 votes)
Yes, the First Amendment's protections for speech, religion, press, assembly, and petition apply to state and local governments through the Fourteenth Amendment's Due Process Clause, a process called incorporation, established by Supreme Court rulings starting with Gitlow v. New York (1925). While the First Amendment initially targeted only Congress, the Fourteenth Amendment ensures these fundamental rights restrict all government actors, not just the federal government.
Does the First Amendment apply to states?
Of course, the First Amendment also applies to the non-legislative branches of government—to every government agency—local, state, or federal.
Which amendments do not apply to states?
And there are only a few rights that the Supreme Court still hasn't applied to the states—the Third Amendment (quartering of troops), the Fifth Amendment (grand jury right), and the Seventh Amendment (civil jury right). In the end, the Court continues to use the 14th Amendment's Due Process Clause in these cases.
Can states restrict free speech?
By virtue of the Fourteenth Amendment, the First Amendment's constitutional right of free speech and intellectual freedom also applies to state and local governments. Government agencies and government officials are forbidden from regulating or restricting speech or other expression based on its content or viewpoint.
Does the Second Amendment supersede state laws?
In McDonald v. City of Chicago, the Supreme Court held in a 5–4 ruling that the Second Amendment applies to state and local governments in addition to the federal government.
The First Amendment Explained | Quick Learner
Does the U.S. Constitution override state law?
The core message of the Supremacy Clause is simple: the Constitution and federal laws (of the types listed in the first part of the Clause) take priority over any conflicting rules of state law.
What supersedes state law?
The Supremacy Clause refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law.
What is not protected speech in the United States?
The following speech may not be protected: Speech that is intended and likely to provoke imminent unlawful action (“incitement”). Statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals (“true threats”).
What country does not allow freedom of speech?
According to Amnesty International, freedom of expression is significantly limited in China and North Korea.
What are the 5 limits to freedom of speech?
Five key limits to freedom of speech in the U.S. include incitement to imminent lawless action, true threats, defamation (libel/slander), obscenity, and fraud, with courts also recognizing restrictions for things like child pornography, plagiarism, and speech that causes substantial school disruption, though hate speech is generally protected. These limits primarily apply to government restriction, while private entities (employers, social media) can set broader speech rules.
Can a President and vice President be from the same state?
The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, ...
What is the 7th Amendment in simple terms?
The 7th Amendment guarantees the right to a jury trial in certain federal civil cases (lawsuits between people/businesses, not criminal) where the dispute is over a certain value (originally $20), and stops judges from overturning a jury's factual decisions in those cases, preserving this common law right. It ensures that in federal civil matters, ordinary citizens get to decide the facts of the case, preventing the government from taking that right away.
Does every state need to approve an amendment?
Amendments proposed by Congress or convention become valid only when ratified by the legislatures of, or conventions in, three-fourths of the states (i.e., 38 of 50 states).
Which amendment gives the right to overthrow the government?
“From the floor of the House of Representatives to Truth Social, my GOP colleagues routinely assert that the Second Amendment is about 'the ability to maintain an armed rebellion against the government if that becomes necessary,' that it was 'designed purposefully to empower the people to be able to resist the force of ...
What case applied the First Amendment to the states?
This process is known as incorporation. Gitlow v. New York—decided in 1925—was the first Supreme Court decision applying the First Amendment's free speech protections to abuses by state governments.
Why doesn't Canada have freedom of speech?
Freedom of expression in Canada is not absolute; section 1 of the Charter allows the government to pass laws that limit free expression so long as the limits are "reasonable and can be justified in a free and democratic society".
What is the least freest country?
According to the Freedom House Freedom Index from 2024, Turkmenistan and South Sudan were the two least free countries in the world that year. The index measures the level of political rights and civil liberties in a country.
Is the f word protected speech?
Yes, the "f-word" (profanity/obscenity) is generally protected speech under the First Amendment, as the Supreme Court has ruled that offensive or vulgar words alone aren't enough to restrict speech; however, it loses protection if it crosses into unprotected categories like "fighting words" (direct personal insults likely to provoke violence), true threats, or is part of obscenity, though courts have narrowed these exceptions significantly, as seen in the Brandi Levy case where school-related online swearing was protected.
What are the two exceptions to freedom of speech?
Two things not covered by freedom of speech in the U.S. are incitement to imminent lawless action (speech intended to provoke immediate illegal acts) and defamation (false statements harming someone's reputation), along with other categories like true threats, obscenity, and fraud. The First Amendment protects most speech but allows restrictions on these specific types that cause significant harm.
What is the Leonard law in California?
USC, as a private university, is not directly subject to the First Amendment. However, the California Education Code, in a statute known as the Leonard Law, holds private universities – such as USC – to the same strict standards as public universities when it comes to students' freedom of speech.
Can a state ignore a federal law?
Thus, the federal courts have held that under the Constitution, federal law is controlling over state law, and the final power to determine whether federal laws are unconstitutional has been delegated to the federal courts. The courts therefore have held that the states do not have the power to nullify federal law.
Can something be federally legal but illegal in a state?
The supremacy cause contains what's known as the doctrine of pre-emption, which says that the federal government wins in the case of conflicting legislation. Basically, if a federal and state law contradict, then when you're in the state you can follow the state law, but the fed can decide to stop you.
Is state law higher than federal law?
No, state laws generally do not supersede federal laws; the U.S. Constitution's Supremacy Clause establishes federal law as the "supreme Law of the Land," meaning valid federal laws and the Constitution take precedence over conflicting state laws, a principle known as preemption, though the scope of preemption often requires judicial interpretation. Federal laws prevail when they directly conflict with state laws, when Congress intends to occupy a field, or when state law impedes federal objectives, though states can sometimes regulate areas not fully covered by federal law.