What is the test for an individual to have a First Amendment right to free speech?
"New York", United States of America
The following excerpt is from People v. Craft, 149 Misc.2d 223, 564 N.Y.S.2d 695 (N.Y. Cty. Ct. 1991):
"... within the constitutional power of the Government; if it furthers an important or [149 Misc.2d 226] substantial governmental interest; if the governmental interest is unrelated to the suppression of free expression; and if the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest". United States v. O'Brien, supra at 377, 88 S.Ct. at 1679.
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