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Then why is yelling "fire" in a crowded theatre illegal? With your reasoning you should just be able to 'fight that idea with saying "No there is NOT a fire" bu
by lsmarigo 9y ago
Then why is yelling "fire" in a crowded theatre illegal? With your reasoning you should just be able to 'fight that idea with saying "No there is NOT a fire" but it's too late, the damage is done.
- unabridged 9y agoThis is only because we live in imperfect bodies that can die before the discussion can be finished. This is not an argument against free speech, this is an argument about the speed of human communication.
- saint_fiasco 9y agoIs that really illegal or just a cliche?
- breakbread 9y agoThe origin of that phrase is a supreme court case where the court ruled that the First Amendment didn't protect you from passing out pamphlets encouraging men to resist conscription during World War 1. The "fire in a crowded theater" line was just a metaphor used to underscore a ruling I imagine most people today disagree with, and wasn't legally binding in any way. https://en.wikipedia.org/wiki/Schenck_v._United_States#The_Court.27s_decision https://en.wikipedia.org/wiki/Schenck_v._United_States#The_C...
- nokcha 9y agoFalsely yelling "fire" in a crowded theater is illegal because the First Amendment has exceptions for lying (i.e., asserting an objective falsehood with intent to deceive).
- Retra 9y agoYelling fire in a crowded theater after lighting a match is not lying. The problem is not lying, it is recklessness. The only problem with lying is that it is also sometimes reckless.