I was commenting in the context of this comment thread, where the person I was replying to referred to “shouting fire” as a clear example of the distinction “be

I was commenting in the context of this comment thread, where the person I was replying to referred to “shouting fire” as a clear example of the distinction “between stating opinion and being an action.” 1st Amendment jurisprudence is pretty clear that shouting is speech/expression, and is subject to the finite and well defined set of exceptions to 1st amendment protection.