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Why do so many people that use the fire in a crowded theater example not know what it means? Do you know that’s not really making the point you think it is? Do

• toomuchtodo 6y ago
  Are you familiar with the Brandenburg v. Ohio's "imminent lawless action" test? If not, I suggest a quick review of that case law.
  • dragonwriter 6y ago
    > Are you familiar with the Brandenburg v. Ohio’s “imminent lawless action” test? Yes, and saying this is a perfect example of speech inciting imminent lawless action is better than making the comparison you actually made upthread.
    • toomuchtodo 6y ago
      ¯\_(ツ)_/¯ more folks are familiar with my first analogy as it relates to the topic of free speech and imminent lawless acts. Call it laziness, it gets the point across instead of folks giving you blank stares about case law (and I’m happy to cite as I did above when necessary).
      • dragonwriter 6y ago
        > more folks are familiar with my first analogy as it relates to the topic of free speech and imminent lawless acts. Your first example doesn't relate to imminent lawless acts at all, that's the problem. While panicked flight is dangerous (hence, its use to illustrate the “clear and present danger” test in Schenk, that has since been replaced), it is not (unlike, e.g., armed insurrection) lawless.