If you had the opportunity to listen to Gard's production on the Chicago Gun Ban and the so-called "Incorporation Doctrine", you heard him discuss the implications that the "Incorporation Doctrine" has when applied to the First Amendment. This Supreme Court battle over whether the Westboro Baptists can protest the funerals of US soldiers carries with it very strong ties to how contemporary politicians and their judicial appointees view the actual wording of the First Amendment and the so-called "Incorporation Doctrine".

As GG said, if the "Incorporation Doctrine" were strictly applied to the First Amendment, it would STILL not apply to the states. The wording of the First Amendment stipulates that "CONGRESS shall make no law"... abridging the freedom of speech. It is an historical fact that states had all sorts of speech codes and religious laws for decades in the US. If one "incorporates" the First Amendment into the states, it merely incorporates a repetition of the stipulation that "CONGRESS shall make no law" abridging the freedom of speech. It would not apply to the states.

That said, the trick in the Westboro protest case is composed of three elements. First, one must ask if the Supreme Court justices will even bother acknowledging the above stated fact. They will not.

Second, if the justices WERE to do so, the next question would be whether or not the protests were occurring on federal or state/local cemeteries. If federal, then the protesters could do anything they want, as abusive as they want to be, and Congress would be prohibited from passing any law to stop them. If the cemeteries were local/state run, then, based on a strict reading of the Constitution, the localities or states could pass rules to stop them.

These kinds of distinctions might seem unimportant and esoteric to some in the pop media and the various gubments around the US. But if one is to truly understand the system under which all these politicians and judges want us to live, one must understand the Constitution they constantly tell us they will defend -- and which they continually abuse and destroy.

Here is the piece. Look for comments on this in our upcoming Liberty Hotline production!

http://lezgetreal.com/?p=27999

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