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The "fire in a crowded theater" example originates from a Supreme Court case that was later largely overturned. Moreover, in some situations private institution
by ravi-delia 5y ago
The "fire in a crowded theater" example originates from a Supreme Court case that was later largely overturned. Moreover, in some situations private institutions have been deemed public spaces, and as such speech within them at least partially protected by free speech. That doesn't apply to Twitter, or Apple, at least until a case makes it so, but it's not completely out of the question.
- techrat 5y ago> The case was later partially overturned by Brandenburg v. Ohio in 1969, which limited the scope of banned speech to that which would be directed to and likely to incite imminent lawless action (e.g. a riot). Relevant (to my example) portion still applies and was not overturned. May seem like a nitpick but I do think it's an important distinction to make.
- ravi-delia 5y agoIt's absolutely not a nitpick, but does that example still apply? I was under the impression that the 'clear and present' danger had been extremely narrowed to 'absolutely clear (as in an actual plan) and present (with explicit time)'. My recollection might not be right, but I could have sworn I remember the very justice that wrote the fire in the theater example rolling it back bit by bit over the course of the next several cases.