Legal Question in Civil Rights Law in Pennsylvania
First Amendment
Since the first amendment only applies to Congressional action, where do the courts get the power to tell the states that state laws are unconstitutional violations of free speech or press rights? Example (legal/historical), also who what do you think about this power struggle between the the Federal courts vs. the State courts?
1 Answer from Attorneys
Re: First Amendment
I disagree that Amendment First controls only the US Congress. The States are not free to, for example, curtail the right to free speech, either.
We are a federation. Federal laws are supreme. If a State law conflicts with a federal statute, the State law loses.
There is no power struggle between the state and federal court systems. They do different things. They don't intrude on each other's jurisdiction.
The US Supreme Court is the supreme law of the land. It is the job of this court to interpret laws and the applicability of the Constitution. It has the power to void state actions in all regards. That's how we're set up.
The struggle between state's rights and the power of the federal government has been going on forever, and the conflict is inherent. In some areas the states will control; in others, not.
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