2 ms·
>what forms of expression should not be protected, notably the right to shout “Fire!” in a crowded theatre A perennially terrible example to whip out in these
by dabluecaboose 3y ago
>what forms of expression should not be protected, notably the right to shout “Fire!” in a crowded theatre
A perennially terrible example to whip out in these discussions, given that it's a quote from potentially one of the most backwards and odious SCOTUS decisions (Schenck v. US) that upheld a conviction against a man protesting the draft. It was later was overturned (Brandenburg v. Ohio).
- vincent-manis 3y agoI don't disagree that Schenck is awful, but I still think that shouting “Fire” in a crowded theatre is unacceptable.
- dabluecaboose 3y agoUnacceptable, maybe. But under many circumstances, still constitutionally protected despite being unpalatable.