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There is no law against yelling fire in a theatre. The phrase was used by Justice Holmes in a boneheaded decision that upheld the illegality of objecting to th
by lurquer 5y ago
There is no law against yelling fire in a theatre.
The phrase was used by Justice Holmes in a boneheaded decision that upheld the illegality of objecting to the draft. Thankfully, the opinion was later overturned.
The very narrow point being made by the Supreme Court was there could be crimes-such as inciting imminent lawless action-that might be precipitated by speech. It’s not the speech that’s illegal... the crime is the intent to cause an immediate riot.
The same crime could be occasioned by storming into a theater with a gun and scaring the shit out of people.
In any case, the “yelling fire” trope isn’t accurate as it’s usually used.
As far as human sacrifice, there’s nothing inherently illegal about it. That is, if it’s legal for grandma to be euthanized, or legal for a convict to be executed, or legal for a baby to be aborted, it would make no difference legally if the participants considered the act part of some bizarro religion.