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> There's absolutely no way that's protected under free speech, and there are countless examples of previous trials to back it up. Would you mind showing me on
by totalZero 9y ago
> There's absolutely no way that's protected under free speech, and there are countless examples of previous trials to back it up.
Would you mind showing me one of those examples? I just did a bit of google searching, and was unable to find one. Even the original case (Schenck v. United States) had nothing to do with fires or theaters.
> shouting fire in a crowded theater would result in a situation in which you could be tried for violating countless laws if the end-result was damage to property or persons.
The "imminent lawless action" test established in Brandenburg v. Ohio requires more than just a damaging end-result. Intent, imminence, and likelihood must all be demonstrated in order for speech to be considered illegal. Maybe that test also applies to false fire alarms in theaters, but it certainly takes more than simply causing a bad end-result to happen.