What is the test for a state to restrict First Amendment freedom of speech?
The following excerpt is from Gormley v. Director, Connecticut State Dept. of Probation, 632 F.2d 938 (2nd Cir. 1980):
The state may not abridge one's First Amendment freedoms merely to avoid annoyances. Coates v. Cincinnati, 402 U.S. 611, 91 S.Ct. 1686, 29 L.Ed.2d 214 (1971).
"The ability of government, consonant with the Constitution, to shut off discourse solely to protect others from hearing it is, in other words, dependent upon a showing that substantial privacy interests are being invaded in an essentially intolerable manner." Cohen v. California, 403 U.S. 15, 21, 91 S.Ct. 1780, 1786, 29 L.Ed.2d 284 (1971).
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