> The charge will be disorderly conduct, or negligent homicide, or some other charge This…seems like splitting hairs in a way to me. It seems like a pretty cl

> The charge will be disorderly conduct, or negligent homicide, or some other charge This…seems like splitting hairs in a way to me. It seems like a pretty clear acknowledgment that, in certain contexts, speech can be criminal. After all, in those various charges it won’t be a free speech case because it’s settled law that speech in those particular contexts can result in a criminal charge. So, I agree that the infamous line from Schenck (which was dicta already) is not good law. On the other hand, there is a kernel of truth that certain speech, in certain contexts, can be illegal and result in criminal charges.