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"Shouting fire" is a reference to Schenck v. US which has been overturned. It applied the "clear and present danger" standard. The current standard is "inciteme
by wl 10y ago
"Shouting fire" is a reference to Schenck v. US which has been overturned. It applied the "clear and present danger" standard. The current standard is "incitement to imminent lawless action" as articulated in Brandenburg v. Ohio.
- dragonwriter 10y ago> "Shouting fire" is a reference to Schenck v. US which has been overturned. It's a reference to dicta in that case, which would be dubious to cite as meaningful even had Shenck not been overturned.