Rigby5
Diamond Member
Regardless, the fundamental premise is correct: no right is ‘absolute’ or ‘unlimited’; no right is comprehensively immune from regulation and restriction by government.The word itself isn't harmful
And what do you think would happen today if someone yelled fire in a crowded movie theater?
The guy yelling fire would be booed and told to STFU while people threw popcorn and other foodstuffs at him then he would be escorted out by security.
So it's really not a very good analogy any more
Buildings tend to not be wood any more, and have built in sprinkler systems.
But recently several people were killed at a 4th of July celebration when some kids set off little fireworks, the crowd thought it was a gang shooting, and they all panicked, ran, and trampled people to death. So similar concepts are always going to be valid.
Throwing fireworks is nowhere near the same as yelling fire.
Apparently, it was. The whole problem with shouting "Fire!" in a crowded theater was that it would cause a panicked stampede and endanger people.
You really think shouting fire in a crowded theater will cause a stampede?
And here's the thing Justice Holmes made that remark regarding a case that was overturned 40 years ago.
It's Time to Stop Using the 'Fire in a Crowded Theater' Quote
Speech advocating for imminent lawlessness or violence is not entitled to First Amendment protection.
Fourth Amendment case law allows for the police to conduct searches absent a warrant given specific circumstances.
And the Second Amendment is no different.
Not really disagreeing with your general principles.
But with the Second Amendment, clearly what restrictions can legally be places are to only be state and local, with a total prohibition on any federal weapons jurisdiction at all.
While speech inciting violence is normally wrong, it can be right if violence is necessary in order to defend rights.
Like Jefferson said, since corruption is inherent, likely revolutions are needed on a reoccurring basis.
But I am unaware of police ever having the right to conduct warrant-less searches, ever?
What did you have in mind?