That's correct, only those who choose to pray or praise in tongues are doing so in the Spirit; if people choose not to do so then that's their perogative.
Even though the Greek does not contain capitals Paul's commentary leaves us with no doubt that he is speaking of the Holy Spirit, where the Spirit is essentially the theme of 1Cor 12, 13 & 14 where Paul begins in 12:1 with "Now about spiritual matters...."
I think, 1 Corinthians deals with spiritual aspects and not directly concerned with the Holy Spirit unlike what happened during Pentecost.
Can we supersede the thinking of Paul by replacing 's' with 'S' without considering the context?
1 Corinthians 14
14 For if I pray in a tongue, my spirit prays, but my mind is unfruitful.
1 Cor. 3:1 And I, brethren, could not speak to you as to spiritual men, but as to men of flesh, as to infants in Christ.2 I gave you milk to drink, not solid food; for you were not yet able to receive it. Indeed, even now you are not yet able,3 for you are still fleshly.
If praying in unknown tongue guarantees the Holy Spirit, why did he recommend to desire a better gift?
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