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You are not allowed to falsely shout "Fire!" in a crowded theater. That famous line from Schenck is often misquoted to drop the "falsely". Schenck is no longer
by tycho-newman 3y ago
You are not allowed to falsely shout "Fire!" in a crowded theater. That famous line from Schenck is often misquoted to drop the "falsely".
Schenck is no longer good law, but this metaphor captures how some classes of speech fall outside the First Amendment. Specifically, false speech.
- akerl_ 3y agoFalse speech generally opens you for civil liability. If I shout fire in the theater, everyone rushes out, and I get sued by somebody who was injured, that seems clearly within the free speech exceptions to me. But if I shout fire in the theater and nobody does anything… what crime have I committed / what liability do I potentially have?
- tycho-newman 3y agoThe fire in a crowded theater metaphor is about false speech. The line is often misquoted to drop the "falsely." For the second part, I would ask your attorney. But in general terms, attempts that fail can be just as bad as the crime itself.
- akerl_ 3y agoI think you’re misunderstanding the metaphor. Holmes was comparing “falsely shouting fire in a crowded theater” not to an example of false speech, but an example of inflammatory speech. Schenck wasn’t making false statements, he was encouraging resistance to the draft during wartime.
- tux1968 3y agoChristopher Hitchens yelling "fire!" in a crowded theater... https://youtu.be/zDap-K6GmL0 https://youtu.be/zDap-K6GmL0