3 ms·
False 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 seem
by akerl_ 3y ago
False 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.