What is the test for First Amendment protection in the context of First Amendment freedom of speech?
California, United States of America
The following excerpt is from People v. Martinez, 53 Cal.App.4th 1212, 62 Cal.Rptr.2d 303 (Cal. App. 1997):
2 While there is a constitutional right to free speech, the category of speech used here is not of the type deserving First Amendment protection. (People v. Brooks, supra, 26 Cal.App.4th at pp. 147-148, 31 Cal.Rptr.2d 283.)
** See footnote *, ante.
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