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The 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
by ByteJockey 6y ago
The 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.