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

[Fortinbras Armstrong]

124. No, you have ASSERTED that the assumption that the crowd will panic is false.

You have demonstrated nothing, since you have one (1) example of a cry of fire not causing a panic. Are you familiar with the logical fallacy of the Hasty Generalization? Actually, a hasty generalization based on a single example is specifically called the Fallacy of the Lonely Fact.

I have been saying that a cry of fire in a crowded theater may cause a panic. Indeed, I will go further and say that it probably will cause a panic. That it does not always do so is not evidence that it will never do so.

For the umpteenth time, the point of both Justice Holmes in Shenck and Justice Douglas in Brandenburg was that the cry was FALSE, which is what made the cry criminal. Both assumed -- undoubtedly correctly -- that the false cry was intended to cause a panic. Even if a panic did not ensue, the intention is clear. It's like saying that an armed robber who does not actually manage to steal something should not be prosecuted for armed robbery.