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X_Digger

(18,585 posts)

34. Yes, you CAN yell fire in a crowded theater.

Tue Oct 24, 2017, 10:21 PM

Oct 2017

https://www.theatlantic.com/national/archive/2012/11/its-time-to-stop-using-the-fire-in-a-crowded-theater-quote/264449/

But those who quote Holmes might want to actually read the case where the phrase originated before using it as their main defense. If they did, they'd realize it was never binding law, and the underlying case, U.S. v. Schenck, is not only one of the most odious free speech decisions in the Court's history, but was overturned over 40 years ago.

First, it's important to note U.S. v. Schenck had nothing to do with fires or theaters or false statements. Instead, the Court was deciding whether Charles Schenck, the Secretary of the Socialist Party of America, could be convicted under the Espionage Act for writing and distributing a pamphlet that expressed his opposition to the draft during World War I. As the ACLU's Gabe Rottman explains, "It did not call for violence. It did not even call for civil disobedience."

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They said no to a white nationalist. Now Penn State, Ohio State are being sued. [View all] TexasTowelie Oct 2017 OP

free speech has a cost, let any body speak anywhere as long as they post a cash bond beachbum bob Oct 2017 #1

SCOTUS has found that illegal obamanut2012 Oct 2017 #6

I don't think that is true, no place has an obligation to give "free security"... beachbum bob Oct 2017 #19

There is no reason they need to speak at either of these colleges ...an alternative site Demsrule86 Oct 2017 #8

A perhaps separate but just as.. equal place, right? X_Digger Oct 2017 #12

Very good point ClarendonDem Oct 2017 #29

If the universities have the right to charge to cover security, Ilsa Oct 2017 #2

The Westboro Baptist approach. LunaSea Oct 2017 #3

Lawyers Of DU ProfessorGAC Oct 2017 #4

Maybe both. former9thward Oct 2017 #11

Thanks ProfessorGAC Oct 2017 #25

If they want to speak at these venues they should have to pay for their own security or blueinredohio Oct 2017 #5

SCOTUS has ruled that illegal obamanut2012 Oct 2017 #7

There can be restrictions Demsrule86 Oct 2017 #9

+1 dalton99a Oct 2017 #10

Free speech, yes, but nobody is required to give you a venue. alarimer Oct 2017 #13

If this venue is made available to other speakers, then yes, they have to allow shitstains like this X_Digger Oct 2017 #21

I don't care. alarimer Oct 2017 #23

Not a fan of the first amendment, I see. X_Digger Oct 2017 #24

I'm a big fan of the First Amendment atreides1 Oct 2017 #28

You're a fan of the first, but not when it applies to *some* people? X_Digger Oct 2017 #31

Who says? WinkyDink Oct 2017 #36

This will not end well. Initech Oct 2017 #14

Calling for "Ethnic Cleansing" is Hate Speech dlk Oct 2017 #15

Hate speech is speech GulfCoast66 Oct 2017 #16

Hate speech is legal mythology Oct 2017 #17

But still protected by the First Amendment. Dr. Strange Oct 2017 #18

true, but inciting people to riot or committ criminal acts is not covered as "free speech" beachbum bob Oct 2017 #20

Correct. NO RIGHT IS ABSOLUTE. VOX Oct 2017 #27

Yes, you CAN yell fire in a crowded theater. X_Digger Oct 2017 #34

Yes, WE ALL KNOW THIS. Is such inciting what Spencer does? WinkyDink Oct 2017 #35

Spencer's followers commit murder or attempted murder every time he speaks. lagomorph777 Oct 2017 #22

Arrested for what? ClarendonDem Oct 2017 #30

Inciting homicide lagomorph777 Oct 2017 #39

His actual, real, explicit speech would need to be determined as "inciting a riot." Otherwise, no WinkyDink Oct 2017 #37

Ped State and Spencer seem like a natural match underpants Oct 2017 #26

Oh, how funny. Never mind the crimes were a generation ago, and confined to certain men. WinkyDink Oct 2017 #33

Can I speak there, too? Because EVERYBODY HAS A RIGHT TO SPEAK ANYWHERE AT ANY TIME EVER, AMEN. WinkyDink Oct 2017 #32

... On Saturday, Spencer appeared at the University of Florida, where police say struggle4progress Oct 2017 #38