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2) It’s clearly aligned to the fighting words doctrine, which defines “the lewd and obscene, the profane, the libelous, mature incest sex stories and the insulting or fighting words those which by their very utterance inflict injury...” mature incest sex stories as NOT protected by the First Amendment. While the Supreme Court has held a mature incest sex stories narrow view of “fighting words", the very defining factor of “fighting words” is the element of direct address. Significantly, these comments on the site were aimed directly AT the instructor, as evidenced by the continued form of “I’d rather..., Rachel” and the line “Rachel, I’m sorry, but you suck.” 3) The Supreme Court found in Roth v. United States that the test for obscenity was “whether to the average person, applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to the prurient interest.”
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