4.2.12 WC: 191694 declaration protecting the right of free speech from abridgment by any government. For example: “the freedom of speech shall not be abridged by Congress or by the states.” Indeed, many scholars and judges believe that this was accomplished three quarters of a century later when the 14" Amendment was ratified. It provides in relevant part: “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” The current judicial view is that the words in the 14 Amendment “incorporated” the First Amendment (along with most but not all of the others) and applied it to the states. According to this view, the First Amendment now reads, in effect, as follows: “Congress and the state legislatures shall make no law abridging the freedom of speech.” Actually, it now reads even more broadly, since the courts have not limited the prohibitions of the First Amendment to the legislative branches, but have extended them to the executive and judicial branches—to any governmental action—as well. So the First Amendment now reads, in effect, as follows: “Congress and the state legislatures, as well as the executive and judicial branches of the federal and state governments, shall make no law and shall take no executive or judicial action abridging the freedom of speech.” Thus the first major change—from “Congress” to “government’”—has considerably expanded the meaning of the First Amendment and broadened the right to free speech. The second change has narrowed the right, at least as literally written, by excising the word “no” as in “no law.” The words “no law’”—an absolute prohibition on all legislation abridging any speech—are somewhat understandable if limited to Congress. A democracy can survive if the national legislature has absolutely no power to abridge speech of any kind, no matter how dangerous or harmful, so long as the state legislatures