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> [...] (yelling "fire" in a crowded theatre) [...] Please read up on this concept. It does not mean what you think, and is so frequently voiced as part of a
by rout39574 9y ago
> [...] (yelling "fire" in a crowded theatre) [...]
Please read up on this concept. It does not mean what you think, and is so frequently voiced as part of a case advocating restrictions on speech, it's become something of a hot-button topic.
https://www.popehat.com/2012/09/19/three-generations-of-a-hackneyed-apologia-for-censorship-are-enough/ https://www.popehat.com/2012/09/19/three-generations-of-a-ha...
Money quote:
After Holmes' opinions in the Schenck trilogy, the law of the United States
was this: you could be convicted and sentenced to prison under the Espionage
Act if you criticized the war, or conscription, in a way that "obstructed"
conscription, which might mean as little as convincing people to write and
march and petition against it. This is the context of the "fire in a theater"
quote that people so love to brandish to justify censorship.
So if you think war protesters should be jailed, then you've found your precedent; carry on. But if you think that notion is heinous, you might want to think again about your example.
You might even want to reconsider your position.
- FussyZeus 9y agoI think protesters of any stripe that turn violent should be arrested. I have zero problem with peaceful protesters.