General Discussion

merrily

(45,251 posts)

23. Thanks for that. Holmes's "yelling fire" example was never overturned.

Thu Sep 25, 2014, 02:09 PM

Sep 2014

The holding of the Schenck case was overturned in 1989, but not that example.

This was the holding of the Schenck case:

A unanimous Supreme Court, in a famous opinion by Justice Oliver Wendell Holmes, Jr., concluded that defendants who distributed leaflets to draft-age men, urging resistance to induction, could be convicted of an attempt to obstruct the draft, a criminal offense.

Brandenburg v. Ohio overruled that horrendous holding.

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Yelling "fire" in a crowded theatre is not merely legal, it's praiseworthy. [View all] Donald Ian Rankin Sep 2014 OP

Can we get some context? Erich Bloodaxe BSN Sep 2014 #1

I specifically did write this in a vacuum. Donald Ian Rankin Sep 2014 #6

Let me suggest a hypothetical context. Jackpine Radical Sep 2014 #28

Great analogy, Jackpine n/t ReRe Sep 2014 #38

And what of the caller who lied to 911? Praiseworthy? riqster Sep 2014 #39

Where I come from we call that brush shooting Bandit Sep 2014 #45

We call them "sound shots." Jackpine Radical Sep 2014 #48

Quite possibly the silliest thing I have read today. Egnever Sep 2014 #2

Of course, but I disagree with your interpretation cali Sep 2014 #3

Belief shouldn't enter into it. valerief Sep 2014 #4

When that example was given, it was specified that the "yell" was false. merrily Sep 2014 #5

Exactly! Thanks for posting that ... Tuesday Afternoon Sep 2014 #9

You're welcome, but remember, merrily Sep 2014 #11

for realz Tuesday Afternoon Sep 2014 #14

"I fell into a vat of chocolate and I yelled, 'Fire!'" rock Sep 2014 #7

What Oliver Wendell Holmes, Jr. actually said: moriah Sep 2014 #8

^ woot ^ Tuesday Afternoon Sep 2014 #10

The actual holding of the case was, in my opinion, a wretched one, but it's good to get merrily Sep 2014 #12

Holmes position has been superseded by Supreme Court rulings made 40 some years ago Kaleva Sep 2014 #13

Yeah, still, he never tried to say a true cry of "fire!" would be a violation of free speech. moriah Sep 2014 #16

Thanks for that. Holmes's "yelling fire" example was never overturned. merrily Sep 2014 #23

His position on falsely yelling fire in a crowded theater has not been overruled, though. merrily Sep 2014 #17

Can you provide an example of anyone in the past 40 years charged with thus? Kaleva Sep 2014 #30

There are laws against "inducing a panic" which is what Lex Sep 2014 #31

A link to an article where a case was dimissed Kaleva Sep 2014 #35

Right, there are laws. And people aren't always guilty of breaking them Lex Sep 2014 #36

"incite to riot" reddread Sep 2014 #37

What does that have to do with anything that I posted? merrily Sep 2014 #44

Now spinning in his grave because of Faux, Gohmert, Beck and the rest. freshwest Sep 2014 #41

Yell "Theater" at a crowded fire. hobbit709 Sep 2014 #15

That's just playing into the fire's...um...hands. randome Sep 2014 #21

It was an Abbie Hoffman quote hobbit709 Sep 2014 #24

Beat me to it. Jackpine Radical Sep 2014 #29

That's because you don't have the quote correct in the first place jberryhill Sep 2014 #18

I'm not quoting Holmes, I'm quoting people quoting him. N.T. Donald Ian Rankin Sep 2014 #20

People slaughter these things jberryhill Sep 2014 #22

Fire Ron Obvious Sep 2014 #19

Oh, wow! Thanks! Great video by Hitch! I'm going to let that sink in... freshwest Sep 2014 #42

Isn't the clear and common usage of that phrase directly implying the person doing the yelling knows LanternWaste Sep 2014 #25

NO. elleng Sep 2014 #26

That was what I was looking for... cascadiance Sep 2014 #27

Christopher Hitchens - In Defense Of Unpopular Speech jamzrockz Sep 2014 #32

Say said person yells "fire" sarisataka Sep 2014 #33

Hands down, it would be your fault no matter where you were at the time. randome Sep 2014 #46

Well try it some time and see where it gets you. Cleita Sep 2014 #34

"Genuinely believe" is what Teabaggers use to deny science. riqster Sep 2014 #40

What if they don't believe the guy yelling fire until it's no longer a matter of belief? freshwest Sep 2014 #43

Fire can only harm you if you believe it can. randome Sep 2014 #47

Like the apartment building in the Monty Python sketch. riqster Sep 2014 #49

Basil gives voice to my frustration, awful me! freshwest Sep 2014 #53

Evidence is always to be respected. And it trumps belief. riqster Sep 2014 #50

How many angels can dance on the head of a pin? tularetom Sep 2014 #51

42 n/t tazkcmo Sep 2014 #52