Looking at something I wrote concerning the First Amendment, my line for restrictions was physical harm to others. But, even then, I understood there were various other constitutional concerns such as fair trials to take into consideration. Absolutism doesn't work, so a liberal critique that also shows how it is not protected (e.g., restrictions on protests) is helpful. OTOH, this one is a tad too heavy-handed, making broad statements about "pornography" or "commercial speech." Ironically, it should have taken its own advice on proportionality.