The Church of Kharma Futures

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Posts Tagged ‘fire in a theater’

Go Ahead.. Shout “FIRE”

Posted by revkharma on May 8, 2015

OK, this is one of the things that has ground my gears for years.

The famous hoary old quote trotted out whenever the libs disagree with something a libertarian or conservative says in public that ”offends them

Immediately they say,(harumph, harumph) “Well free speech is all well and good, and we all know that there is a First Amendment.

BUT….. We all know that YOU CAN’T YELL FIRE IN A CROWDED THEATER

Then the speaker smiles smugly like the Church Lady, and sits back. The argument is over, and I win! So SHUT UP they explained.

OK, so the quote is not in any law, but was part of an introduction by Justice Holmes in a 1919 court ruling.( US. V Schenck) In that ruling they said a pamphlet against the draft that contained the phrases ‘Assert Your Rights” and ‘Do  not submit to intimidation”

Pretty mild stuff, eh?

What is even more interesting is that the entire decision was OVERTURNED IN 1969!!!
(Brandenburg v. Ohio)

The ruling reversed a previous Supreme Court decision setting a new precedent for the “clear and present danger” standard in First Amendment cases. The Court now held that a person’s words were protected as free speech as long as they did not directly incite unlawful action

Court held that all speech,including inflammatory speech, such as in this case by the KKK, is protected under the First Amendment, unless the speech is directed to inciting or producing imminent lawless action and is likely to incite or produce such action. The link must be there, the speech MUST directly result in the violent action.

So, next time someone says

Well, we ALL know you can’t shout Fire in a theater and gives that stupid look, the best reply is:

“Oh? What about Brandenburg v. Ohio?

Boom!

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