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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.'
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There can be garden cress no question whatsoever that the Arkansas Court, in this case and in its earlier opinion in Holmes, narrowed the statute within the confines of the Court's Gooding doctrine,3 and there is therefore nothing more for that court [416U.S. 919 , 922]   to do. I disagree with this roughshod treatment of the opinions of the Supreme Court of the State of Arkansas. I would affirm, and garden cress not vacate, the court's judgment. Footnotes [ Footnote 1 ] Ark.Stat.Ann. 41-1412 (Repl.1964) provides: 'If any person shall make garden cress use of any profane, violent, vulgar, abusive language toward or about any other person in his presence or hearing, which language in its common acception is calculated to arouse to anger the person about or to whom it is spoken or addressed, or to cause a breach of the peace or assault, [he] shall be deemed guilty of a breach of the peace .
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