What is the impact of the California Code of Civil Procedure on First Amendment rights of speech when it refers to "Lewd or licentious"?
California, United States of America
The following excerpt is from Velasco v. Municipal Court, 147 Cal.App.3d 340, 195 Cal.Rptr. 108 (Cal. App. 1983):
[147 Cal.App.3d 346] Finally, in this context, is, in this case, being used in effect, as a criminal libel statute without any First Amendment safeguards, not even those found constitutionally inadequate in Eberle v. Municipal Court, supra, 55 Cal.App.3d 423, 127 Cal.Rptr. 594, as we shall explicate in somewhat more detail below. We do not even pause to dwell upon the threat to free speech in proscribing language that has a "tendency to affect."
"Lewd or licentious" in subdivision .
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