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It's ironic when people use this quote to justify banning "harmful speech", not knowing it was an excuse for jailing peaceful protesters under the police-state
by sevenless 10y ago
It's ironic when people use this quote to justify banning "harmful speech", not knowing it was an excuse for jailing peaceful protesters under the police-state 1918 Sedition Act. 'Shouting "fire" in a crowded theater' is a phrase from Oliver Wendell Holmes, Jr.'s opinion in the Schenck v. United States in 1919, which held that the defendant's speech in opposition to the draft was not protected free speech under the First Amendment.
Holmes Jr's opinion was overturned by Brandenburg v. Ohio in 1969, which limited the scope of banned speech to that which would be directed to and likely to incite imminent lawless action (e.g. a riot).
- deleted 10y ago[deleted]
- makomk 10y agoAnd of course, it was overturned in Brandenburg v. Ohio in order to protect the Ku Klux Klan and their ability to burn crosses, a symbol they used to threaten blacks who stepped out of line with lynching. Anyone who claims that freedom of speech somehow protected the powerless in the US is full of shit.
- leesalminen 10y agoThank you! I think most are missing the context of the quote. My high school history textbook had this direct quote, mentioned it was a Supreme Court case, but did not discuss the case itself. Funny how that works.