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” The language of the statute in my view is unconstitutional due to its sweeping criminalization of any “curse or abuse” that could “provoke a breach of the peace.” ” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent. .”
On the one hand, certain forms of speech, or speech in certain contexts, has been considered outside the scope of constitutional protection. NewHampshire , the Supreme Court followed a “two-tied approach” that allowed for restrictions in certain defined areas like fighting words and obscenity. In Chaplinsky v.
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