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. .. The test brianne davis 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 brianne davis the person brianne davis 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.' 135 Ark., at 189, 204 S.W., at 847. [ Footnote 3 ] My Brother Douglas asserts that the principle enunciated in Gooding and Lewis is not 'new.' It hardly needs stating, however, that the speech at issue in Cantwell v. Connecticut, 310U.S. 296 (1940), and in Terminiello v. Chicago, 337U.S. 1 (1949), and the manner and place of delivery, are not at all similar to the speech at issue in Chaplinsky, Gooding, and Lewis. Cantwell was a case where the State sought to punish Jehovah's Witnesses, who claimed to be ordained ministers, for a message which attacked the Catholic religion.
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