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> e.g. yelling "fire" in a crowded theater The legal argument behind that concept isn't that "yelling fire in a crowded theater" is about the particular uttera
by shkkmo 5y ago
> e.g. yelling "fire" in a crowded theater
The legal argument behind that concept isn't that "yelling fire in a crowded theater" is about the particular utterance but that it was a metaphor for the government's legal ability to restrict free-speech when it presents a "clear and present danger".
The legal case where the metaphor was introduced was a unanimous decision allow charging some under the espionage act for pamphleteering against the draft in WWI. It considered among the worst Supreme Court decisions, has been partially overturned and is an odd example to reference when arguing that these "edge-cases" don't amount to real restrictions on speech. This particular "edge-case" decision upheld the criminal prosecution of anti-war activists for their speech.