What is the "core issue" in determining whether a speech is protected by the First Amendment?

MultiRegion, United States of America

The following excerpt is from United States v. Harkonen, D.C. No. 3:08-cr-00164-MHP-1, No. 11-10209, No. 11-10242 (9th Cir. 2013):

Constitutional facts determine "the core issue of whether the challenged speech is protected by the First Amendment." United States v. Hanna, 293 F.3d

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