Post #2050 by albaby1 on the US Policy board

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The Constitution applies to all the states at all times, always has. Did we have a nonuniform first amendment (excepting slaves) prior to 1865, for example?

As was pointed out downthread, the Bill of Rights did not originally apply to the states. It applied only to the Federal government. Only with the adoption of the 14th Amendment did the courts start 'incorporating' the Bill of Rights against the states.

So no, the states were not bound by the First Amendment prior to 1868.

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