4 ms·
I agree with the content of your message but shouting “fire” in a crowded theater is actually free speech (or at least, only not free speech under an outdated l
by nothal 8y ago
I agree with the content of your message but shouting “fire” in a crowded theater is actually free speech (or at least, only not free speech under an outdated legal standard). It was used as a hypothetical to represent speech creating “clear or present danger” in the Schenk vs. US case and was later overturned in Brandenburg v. Ohio. After that case, speech must be directly inciting certain unlawful or violent action to not be free speech (under the model of creating harm, this isn’t the only model and free speech is essentially case specific, e.g. free speech is different for a government employee vs. a student at a state college vs. an urban professional at a private company). Free speech is honestly pretty sweeping and I always find conversations about free speech on tech platforms really disingenuous because most people usually have no idea what the legal standard is and don’t really separate government and corporate moderation of speech.