Maybe they can't regulate that "constitutionally" (for your understanding of that document, which has no legal weight).

They still might be able to regulate it for all practical purposes.

Potentially. I care a lot about this. I think this is a pretty easy case to fight them on 1A grounds as the case law is quite settled and clear per my understanding. So they can have unconstitutional laws on the books, but the long tail of that fight is against the.