religious freedom, tupac amaru, state university, wicce, garden cress, list of proverbs, academe, funny, list of literary works, university, rapper, reference, experiential names, disinformation, links,
|
. ..' [ Footnote 2 ] The standard of responsibility is not left open as the Court said it was in Gooding v. Wilson, 404U.S. 518 incesttaboo ( 1972), and in Ashton v. Kentucky, incesttaboo 384U.S. 195 (1966). The statute punishes language which in its ordinary incesttaboo acceptation is calculated to cause a breach of the peace. The statute on its face does not permit or require an inquiry into the respective boiling points of the particular individuals or groups involved in each case, but restricts the fact finder to language that would, in its common or ordinary acceptation, be calculated to cause a breach of the peace. In Chaplinsky, the Court accepted a limiting construction which held that the statute was 'not to be defined in terms of what a particular addressee thinks . . .. The test is what men of common intelligence would understand would be words likely to cause an average addressee to fight.' 315U.S., at 573 . In its Holmes case, the Arkansas Supreme Court pronounced exactly the same standard: 'It is not sufficient that the language used gives offense to the person to whom or about whom it is addressed, but it must that which in its ordinary acceptation is calculated to give offense and to arouse to anger.'
|