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Yelling Fire is "Holmes' famous quote comes in the context of a series of early 1919 Supreme Court decisions in which he endorsed government censorship of warti
by syshum 6y ago
Yelling Fire is "Holmes' famous quote comes in the context of a series of early 1919 Supreme Court decisions in which he endorsed government censorship of wartime dissent — dissent that is now clearly protected by subsequent First Amendment authority." [1]
Holmes would later reverse his own ruling yet this quote will never die even though it has no bearing on actual law today and in realty "yelling Fire" would likely be protected speech
Remember "After Holmes' opinions in the Schenck trilogy, the law of the United States was this: you could be convicted and sentenced to prison under the Espionage Act if you criticized the war, or conscription, in a way that "obstructed" conscription, which might mean as little as convincing people to write and march and petition against it. This is the context of the "fire in a theater" quote that people so love to brandish to justify censorship." [1]
That is not a position one should be supporting if they value free Speech
It's Time to Stop Using the 'Fire in a Crowded Theater' Quote [2] Three Generations of a Hackneyed Apologia for Censorship Are Enough [1]
[1] https://www.popehat.com/2012/09/19/three-generations-of-a-hackneyed-apologia-for-censorship-are-enough/ https://www.popehat.com/2012/09/19/three-generations-of-a-ha...
[2] 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...
- leetcrew 6y agoreally discouraging to see this come up again and again. every time, someone posts this article and people ignore it to continue arguing in the other subthreads. thanks for posting the correction; I hope eventually we can stop having this conversation here.