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> Free speech doesn't include yelling fire in a crowded theater, That is false as a matter of well established US law. That was used as an evocative argument
by Lazare 11y ago
> Free speech doesn't include yelling fire in a crowded theater,
That is false as a matter of well established US law. That was used as an evocative argument in a long ago debate about what US law should be, and that side lost.
> nor does it include making suggestions of physical violence against a judge.
That is also false as a matter of well established US law.
> describing a specific act of physical violence [...] against a specific person who also happens to be a public official [...] could cause that person, if they are reasonable, to feel that their life was in danger. That's the standard.
That is not the standard.
> Edit: or cause other reasonable people to believe that the individual's life was in danger
That is also not the standard.
This is not a matter of opinion, and this is not a grey area. That's not how the "reasonable person" test actually works, and that's not how the "true threats" exception to the first amendment is actually defined.
I understand that it might seem reasonable to you that someone "could" fear for their life as a result of the comments, or even that any reasonable person could do so, or even that they would. You might even be right. But as a matter of law, that doesn't matter.
- Aqueous 11y agoEdit: or cause other reasonable people to believe that the individual's life was in danger Actually I believe the 'reasonable person' test is the standard, though I stated it imprecisely. I guess 'telegraphed the intent to actually commit harm,' is how I'd edit it if I still could as tptacek said.