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FYI, the "fire in a crowded theater" phrase comes from Justice Oliver Wendell Holmes, Jr. in Schenck v. United States[1]. Writing for the majority (actually it
by ggreer 11y ago
FYI, the "fire in a crowded theater" phrase comes from Justice Oliver Wendell Holmes, Jr. in Schenck v. United States[1]. Writing for the majority (actually it was a unanimous decision), Holmes wrote:
The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.
Many people nod their heads at this example, but they forget that Holmes was using it to justify the imprisonment of a man for leafletting against the draft. Those who earnestly reference "fire in a crowded theater" would likely stop if they knew its history. If anything, it argues against their point.
1. https://en.wikipedia.org/wiki/Schenck_v._United_States https://en.wikipedia.org/wiki/Schenck_v._United_States
- dietrichepp 11y agoThe idea that the history of a phrase or word dictates its meaning is patently absurd. If that were the case, you would be equally appalled by a man calling himself an "ordinary guy"… which comes from Guy Fawkes, a failed 17th century religious terrorist.
- ggreer 11y agoI don't think that's the same at all. I gave an example of a unique phrase where people agree with the original sentiment –even the exact words– of Holmes, only to backtrack when they discover what those words were used to justify. Your example is a single word whose various meanings are now completely disconnected from Guy Fawkes or religious extremism.