2 ms·
Schenk 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 htt
by ben509 6y ago
Schenk 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".