amhealy
Rookie
You're right. I am wrong. I am confusing things out of lack of knowledge. I did some research and I see where I made my mistake.
However, I do not believe that one's free speech is protected if one yells "fire" falsely in a theater. (Don't make me go do some more research!)
Falsely yelling fire in a crowded theater is not a free speech issue. Holmes made that analogy in order to justify allowing the government to outlaw anyone saying bad things about it. I am pretty sure you would not want to go to prison for saying that the president is wrong to attack Iraq or Libya.
Okay, going to have to do some more research. I'm going to eat my dog if I'm wrong.
I don't know what I learned in school but it obviously wasn't law.
"The First Amendment holding in Schenck (that falsely yelling fire in a theater was not protected speech) was later overturned by Brandenburg v. Ohio in 1969, which limited the scope of banned speech to that which would be directed to and likely to incite imminent lawless action (e.g. a riot)."
Going to go heat up the grill.