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What specific case, then? I come here to learn. Please educate. https://en.wikipedia.org/wiki/Strict_scrutiny https://en.wikipedia.org/wiki/Strict_scrutiny
by smitty1e 6y ago
What specific case, then? I come here to learn. Please educate.
https://en.wikipedia.org/wiki/Strict_scrutiny https://en.wikipedia.org/wiki/Strict_scrutiny
- ben509 6y agoSchenk v US was partially overturned by Brandenburg v. Ohio. We've come around, though, as Holmes' line of reasoning is very common today. Some details in https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_theater https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_the...
- bhupy 6y agoTo add some more commentary: https://www.theatlantic.com/national/archive/2012/11/its-time-to-stop-using-the-fire-in-a-crowded-theater-quote/264449/ https://www.theatlantic.com/national/archive/2012/11/its-tim... Shouting "fire" in a crowded theater is protected by the 1A as long as it passes the Brandenburg Test of "imminent lawless action".
- bhupy 6y agoIt's not accurate, it was an argument used in a SCOTUS case that has since been unanimously overturned. https://www.theatlantic.com/national/archive/2012/11/its-time-to-stop-using-the-fire-in-a-crowded-theater-quote/264449/ https://www.theatlantic.com/national/archive/2012/11/its-tim... Brandenburg v Ohio established the current standard for free speech, and it's extremely permissive.