
Speech afforded no/less protection
1. Incitement of illegal activity – NOT PROTECTED
a. Test
i. Substantial likelihood of imminent illegality
ii. Directed to cause the imminent illegality
2. Obscenity and sexually-oriented speech – NOT PROTECTED
a. Test
i. Material appeals to the prurient interest (local standard)
a. excites shameful/morbid interest in sex
ii. Patently offensive under the law prohibiting obscenity
a. the law must explain offensive materials
iii. Taken as a whole, the material must lack serious redeeming artistic, literary, political or scientific value (national standard)
b. Zoning ordinances may regulate the location of adult bookstores and movie theaters
c. Child pornography may be banned
d. Gov’t may seize the assets of businesses convicted under obscenity law
e. Profane and indecent speech – GENERALLY PROTECTED
i. exceptions – over the free broadcast media, and in schools
3. Commercial speech
a. False and deceptive ads – NOT PROTECTED
b. True commercial speech that inherently risks deception – NOT PROTECTED
i. May prevent professionals from using trade name
ii. May prohibit attorney, in-person solicitation for profit
c. Other commercial speech – IINTERMEDIATE SCRUTINY
i. Must be narrowly tailored
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