3 ms·
Potentially of intellectual interest: Some people here might be wondering about speech that is "harmful," with the famous quote about "you can't yell fire in a
by gjsman-1000 4y ago
Potentially of intellectual interest: Some people here might be wondering about speech that is "harmful," with the famous quote about "you can't yell fire in a crowded theater." That quote from the Supreme Court is commonly used to justify why there need to be restraints on free speech.
This is actually a popular misconception. The decision where "you can't yell fire in a crowded theater" was from was actually overturned in almost entirety in Brandenburg v. Ohio in 1969. And even then, it was only an analogy, and never actually was the law. You actually, theoretically, CAN yell fire in a crowded theater. Websites on both sides of the isle have admitted it is a terrible analogy for defending censoring certain content for being potentially harmful. It is, quite literally, a legal myth. A legal myth that still affects our Congress today while they examine how to prevent the spread of misinformation [1].
https://abovethelaw.com/2021/10/why-falsely-claiming-its-illegal-to-shout-fire-in-a-crowded-theater-distorts-any-conversation-about-online-speech/ https://abovethelaw.com/2021/10/why-falsely-claiming-its-ill...
https://reason.com/2022/10/27/yes-you-can-yell-fire-in-a-crowded-theater/ https://reason.com/2022/10/27/yes-you-can-yell-fire-in-a-cro...
https://www.theatlantic.com/national/archive/2012/11/its-time-to-stop-using-the-fire-in-a-crowded-theater-quote/264449/ https://www.theatlantic.com/national/archive/2012/11/its-tim...
https://www.theatlantic.com/ideas/archive/2022/01/shouting-fire-crowded-theater-speech-regulation/621151/ https://www.theatlantic.com/ideas/archive/2022/01/shouting-f...
https://www.whalenlawoffice.com/legal-mythbusting-series-yelling-fire-in-a-crowded-theater/ https://www.whalenlawoffice.com/legal-mythbusting-series-yel...
https://www.thefire.org/you-can-shout-fire-in-a-burning-theater-part-5-of-answers-to-bad-arguments-against-free-speech-from-nadine-strossen/ https://www.thefire.org/you-can-shout-fire-in-a-burning-thea...
[1] For an example (out of many) of why regulating misinformation is legally almost impossible, see United States vs Alvarez, which ruled that the Stolen Valor Act of 2005 (which criminalized faking having a military honor) is legally protected speech and the act was a violation of the constitution. Since then it has been extended with a new 2013 act which requires intent to gain something by fraud, which hasn't been struck down (yet).
- deleted 4y ago[deleted]
- ghayes 4y agoThere is clearly speech that is harmful without considering that case. Basically the entire concept of “conspiracy” is harmful speech. That said, Twitter is a private company and the First Amendment isn’t the holding factor.
- 29083011397778 4y agoWhen did "The United States government is watching and logging everything you do" change from conspiracy to common knowledge? I'll admit they use third party contractors for storage and some log collecting instead of doing so in-house, but the question remains.
- mackatap 4y agoToo many people seem to believe that real conspiracies don't exist. They certainly do, and we can't stifle conversation that proposes the possibility.
- deleted 4y ago[deleted]