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| | EPIC Archive - Free Speech |
 | | California, obscenity is speech that (1) the average person, applying contemporary community standards, would find, taken as a whole, to appeal to the prurient interest; (2) depicts or describes in a patently offensive manner specifically defined sexual conduct; and (3) lacks as a whole serious literary, artistic, political or scientific value. |
 | | Speech likely to provoke an average listener to retaliation, and thereby cause a breach of peace, falls outside the protection of the First Amendment because the words have no important role in the marketplace of ideas the freedom of speech is designed to promote. |
 | | Commercial speech, which was warranted no protection by the Court until 1980 in Central Hudson Gas and Electric, is now protected under an intermediate level of scrutiny because the motivation to market goods and services is believed sufficient to overcome any chill caused by government regulation. |
| www.epic.org /free_speech (5051 words) |
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