Brandenburg vs Ohio[1] overturned Schenck v United States. As it turns out that "falsely shouting fire in a crowded theater" IS protected by first amendment[2],

Brandenburg vs Ohio[1] overturned Schenck v United States. As it turns out that "falsely shouting fire in a crowded theater" IS protected by first amendment[2], depending upon some more complex criteria called "imminent lawless action"[3] over "Clear and present danger"[4]. Under this, distributing communist fliers is protected by the first amendment. What is not protected is Antifa's call to 'immediately' riot against their perceived enemies. The element of time is important in imminent lawless action test. 1. https://en.wikipedia.org/wiki/Brandenburg_v._Ohio https://en.wikipedia.org/wiki/Brandenburg_v._Ohio 2. https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_theater https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_the... 3. https://en.wikipedia.org/wiki/Imminent_lawless_action https://en.wikipedia.org/wiki/Imminent_lawless_action 4. https://en.wikipedia.org/wiki/Clear_and_present_danger https://en.wikipedia.org/wiki/Clear_and_present_danger