3 ms·
It is relevant if the courts later overturned the decision and it is now considered free speech. I get your point, it's just a bad example given the historica
by richbell 4y ago
It is relevant if the courts later overturned the decision and it is now considered free speech.
I get your point, it's just a bad example given the historical baggage.
- foldr 4y agoAFAIK the courts did not find this. After all, they were not considering the case of someone who shouted ‘fire!’ in a crowded theatre. If someone actually did this and people died as a result (e.g. in a stampede), it seems highly unlikely that a free speech defense could be used.
- Dylan16807 4y ago> It is relevant if the courts later overturned the decision and it is now considered free speech. Since "it" is the draft stuff, not shouting fire, it's only mildly sometimes relevant.
- semiquaver 4y agoThe analogy itself is dicta: part of the decision’s explanation and commentary; not a statement of law or binding precedent. Therefore not something that can be overturned in the subsequent case.