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> So they're OK with yelling "FIRE!" in a crowded theater? Assuming that the ACLU generally supports the Brandenburg v Ohio standard, which overturned the US v

• miles 6y ago
  Sorry for the lazy shorthand; here’s the fuller version: What Holmes said after it, however, did become a standard for future free speech arguments. “The question in every case,” he said, “is whether the words are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.” https://www.mentalfloss.com/article/627134/is-it-illegal-to-shout-fire-in-crowded-theater https://www.mentalfloss.com/article/627134/is-it-illegal-to-...
  • bhupy 6y ago
    Just pulling from your own quote: > is whether the words are used in such circumstances and are of such a nature as to create a clear and present danger The "clear and present danger" standard is no longer used. It's been overturned in favor of the "imminent lawless action" standard. Falsely shouting fire in a crowded theater does not fall under imminent lawless action.