Shouting fire in a crowded theater

[Blues Man]

OK this oft quoted comment by Justice Holmes is used all the time to give an example that rights are not absolute. We'll ignore the fact that the case before the court at the time had nothing to do with yelling fire but rather was a test of espionage laws in the US in the case U.S. v. Schenck . Schenk distributed pamphlets urging people to ignore the draft and was found guilty of violating the espionage laws .

What most people don't realize is that verdict was overturned 40 years ago in the case Brandenburg v. Ohio. , and that the crowded theater remark was nothing more than judicial dictum and as such has no binding legal authority.

So is it illegal to yell fire in a crowded theater?

It seems not.

Now let's apply this to relevant modern day situations.

If you were sitting in a crowded movie theater to see the latest blockbuster and some idiot ran into the theater shout FIRE FIRE FIRE even though no alarms were sounding would there be a panic or would people be throwing their popcorn at said idiot and shouting at him to STFU?

 

[JoeMoma]

I would not waste perfectly good popcorn on such an idiot!

 

[Bob Blaylock]

Is it OK to yell “Movie!” in a crowded firehouse?

 

[Pilot1]

The Left (Progressives, Liberals, Democrats all) love to talk in absurdities to deflect. Ignore their stupid comments like "yelling fire in a crowded theater", "Do you want nuclear weapons?", "You want dirty air and dirty water". They know they don't have a rational argument so deflect and get emotional. Morons.

 

[Blues Man]

The Left (Progressives, Liberals, Democrats all) love to talk in absurdities to deflect. Ignore their stupid comments like "yelling fire in a crowded theater", "Do you want nuclear weapons?", "You want dirty air and dirty water". They know they don't have a rational argument so deflect and get emotional. Morons.

That line has has become the go to for the laziest of people who argue against any of our protected rights. It's been used incorrectly for so long that it is devoid of all meaning

 

[whitehall]

Why is it that (mostly) liberals seem surprised that there are limits on freedom? There are volumes of laws that limit 2nd Amendment rights. I read today in the Va. fishing regulations that you give up your right to be secure on your freaking boat and a Conservation Officer can board your vessel anytime. It's strange that (mostly) liberals seem shocked that you can be arrested for yelling "fire" in a crowded theater. Don't try it.

 

[Rigby5]

The quote is not about fires or theaters, but the idea that it is illegal to deliberately say what is known to be wrong in order to cause harm.
That is also what Hate Crimes are based on.
So it can be illegal to yell "fire" in a crowded theater.
But it is not the what you say or where you say it that matters.
It has to obviously also cause harm and be intended.

 

[fncceo]

"Do you want nuclear weapons?", "You want dirty air and dirty water".

Yes, and yes...

 

[fncceo]

Apparently, people do it all the time!