4 ms·
> There is no ‘hate speech’ exception to the First Amendment Yet the "you have no right to falsely yell 'fire' in a crowded theater"[1] was an opinion of a SCO
by thephyber 9y ago
> There is no ‘hate speech’ exception to the First Amendment
Yet the "you have no right to falsely yell 'fire' in a crowded theater"[1] was an opinion of a SCOTUS justice about a man who was peacefully protesting the WW1 draft, distributing papers arguing for his political ideals. Yelling "fire" in a crowded theater runs a real risk of injury and it's negligent to do so falsely. Telling other people that you oppose a draft does not, yet has not been protected by the 1A (unless the person can prove some religious exemption, as did Muhammed Ali).
As "cut and dry" as we pretend the 1A's protections are, they are far less than what laymen imagine.
[1] https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_theater https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_the...
- int_19h 9y agoThe case that cited "fire in a crowded theater" was pretty much entirely demolished in Brandenburg v. Ohio. While there hasn't been a specific case on opposition to the draft, telling that you do so is certainly within the "imminent lawless action" line set by that ruling.