4 ms·
Just as Freedom of Speech doesn't give one free license to spout hate speech or shout "fire" in a crowded theatre, one persons right to work isn't more importan
by markdown 6y ago
Just as Freedom of Speech doesn't give one free license to spout hate speech or shout "fire" in a crowded theatre, one persons right to work isn't more important than another's right to life (or safety from a deadly pandemic).
- ggreer 6y agoI'm always amused to see people use the "fire in a crowded theater" analogy. Justice Oliver Wendell Holmes, Jr. coined the phrase in Schenck v. United States.[1] In that case, he sent a man to prison for the crime of leafleting against the draft in World War I. 1. https://en.wikipedia.org/wiki/Schenck_v._United_States#The_Court's_decision https://en.wikipedia.org/wiki/Schenck_v._United_States#The_C...
- colejohnson66 6y agoMinor nitpick: he didn’t send Schenck to prison. He was already in prison. The Supreme Court just kept him there.
- ByteJockey 6y agoThe court case that gave us the "fire in a crowded theater" example was partially overturned by brandenburg vs ohio. It's not entirely clear which direction the court would come down right now. Your first example is also impacted by this. General advocacy of violence was upheld as constitutionally protected speech, it's very unlikely that hate speech could ever meet the brandenburg test. That's not to say that your point about one person's right to work vs another person's right to live is wrong. In fact, I think the court would likely agree with you on that matter. I just think your first couple of examples are flawed.