What is the test for a state to prohibit the use of the Fourteenth Amendment to restrict freedom of speech?

California, United States of America


The following excerpt is from Planning & Conservation League, Inc. v. Lungren, 38 Cal.App.4th 497, 45 Cal.Rptr.2d 183 (Cal. App. 1995):

The First Amendment to the United States Constitution prohibits any law "abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." This prohibition is applicable to the states by virtue of the Fourteenth Amendment. (Meyer v. Grant, supra, 486 U.S. at p. 420, 108 S.Ct. at p. 1890, 100 L.Ed.2d at p. 434.) 4

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