In particular, this was an analogy used by Oliver Wendell Holmes in Schenck vs United States. The act which he compared to "shouting fire in a crowded theatre"

In particular, this was an analogy used by Oliver Wendell Holmes in Schenck vs United States. The act which he compared to "shouting fire in a crowded theatre" was passing out leaflets opposing the draft, ie the government's power to force people to go to a war by which the American people were not threatened.