The buck stops where the Supreme Court says it does. They are the ones who get to decide the meaning of the words in laws and the Constitution. As a side note, the first amendment does not bind the states from creating laws that limit speech as it is written that 'Congress shall make no law...'. This comes from the Doctrine of Incorporation[1] based off of precedents set by interpretations of the Fourteenth Amendment. Now there's an amendment with an interesting history. [1] http://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Ri...