Actually, the extent to which it applies to the executive....
...may depend on the nature of the powers the executive is performing. If it is doing something that implements Congressional statutes or regulations called for by statutes, it clearly cannot violate the 1st Amendment. Actions that are within its express Article II powers, however, may give the executive some (but not unlimited) deference.
The 14th amendment pushes the first amendment to all actions by the states, but interestingly there is some question on whether it applies fully to an executive branch exercising its specific Article II powers. It is probably a procedural due process (not substantive due process) issue.
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In response to this post by WahooRQ)
Posted: 08/15/2018 at 6:33PM