Does Section 40008, subdivision (b) of the Fourteenth Amendment prohibit a state from restricting the freedom of speech or of the press?

California, United States of America


The following excerpt is from Raef v. Superior Court of L.A. Cnty., 193 Cal.Rptr.3d 159, 240 Cal.App.4th 1112 (Cal. App. 2015):

6 The First Amendment prohibits any law abridging the freedom of speech, or of the press. It applies to the states through the due process clause of the Fourteenth Amendment. (Grosjean v. American Press Co., Inc. (1936) 297 U.S. 233, 244, 56 S.Ct. 444, 80 L.Ed. 660.)

6 The First Amendment prohibits any law abridging the freedom of speech, or of the press. It applies to the states through the due process clause of the Fourteenth Amendment. (Grosjean v. American Press Co., Inc. (1936) 297 U.S. 233, 244, 56 S.Ct. 444, 80 L.Ed. 660.)

7 Section 40008, subdivision (b) doubles the penalties if the traffic violations endanger children.

7 Section 40008, subdivision (b) doubles the penalties if the traffic violations endanger children.

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