Can we finally kill the meme about shouting "Fire!" in a crowded theatre?

[intaglio]

62. Firstly you are assuming that panic will automatically ensue

My whole point is that there is no such evidence for such an event - indeed what evidence there is shows the reverse to be true, people do not panic that easily and so Holmes' was in error to limit free speech on that basis.

But I really cannot see you agreeing with that evidence, so I'll imagine there is a fantasy world where such panic does ensue. In such a place what would happen in the following cases?

1) If there was a real gunman would not children be trampled just as badly and would that not add to the death toll?

2) What if the gunman fled and the only evidence was the shout? Would children not be trampled?

3) What if the alarm was raised on a false positive, no gunman but someone who looked like one?

Would you prosecute the person who raised the alarm in each of those cases? And how would you differentiate the last 2 cases from the case with a malicious alerter?

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As I was finishing this post I was reminded of William Castle, the film showman whose whole career was based on the audience not being panicked by verifiable events.