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at is explicitly said Lower tier obscenity should not be considered in same realm as protected speech Why do we have 2 tiered approach? o Trying to find a way to regulate some forms of speech while giving protection to political speech o Much more effective that one tiered Must look at harm standards lowered or made really high o Action v. speech Advertising is 2nd tiered b/c it can be deceptive, only scientific provable deception is regulated Trying to define 2nd tier in paper, trying to define what is political