3 ms·
> There's also the point about corporations: corporations are an invention of the government, only exist because the government approves of their existed, and (
by tathougies 7y ago
> There's also the point about corporations: corporations are an invention of the government, only exist because the government approves of their existed, and (technically, although sadly not done anymore) can be disbanded when they act against the public interest. You can't separate corporations from government.
This is such an awful 'example' parried about by purportedly educated civil rights armchair lawyers.
This example is from a wartime decision in which the Supreme Court controversially limited free speech because of national interests. It is not wartime, and the case wasn't even about fire in a theater, it was about the right of someone to advocate draft dodging.
Unless you honestly believe it should be illegal to advocate draft dodging at a time of war (which is awful, and abhorrent), you should stop using this example.
Even Christopher Hitchens was against this intellectually lazy example.
https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_theater https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_the...
Going back to actual legal repercussions. In order to prosecute someone for harm arising from shouting 'fire' in a crowded theater, you would have to show that they had malicious intent and intended to lie to cause harm. The 'crime' is in the intent, not the speech. It is otherwise, perfectly fine to shout 'fire' in a crowded theater. In fact, if there is actually a fire and you find yourself in a crowded theater, it is highly recommended.