pknopp
Diamond Member
- Jul 22, 2019
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The original wording used in Holmes's opinion ("falsely shouting fire in a theatre and causing a panic") highlights that speech that is dangerous and false is not protected, as opposed to speech that is dangerous but also true.it is not nor has it ever been illegal to yell fire in a theater.I've argued this many times, especially when someone brings up the "fire in a theater" example.
You can say what you wish until someone gets hurt. Trump's rhetoric have gotten people hurt and killed.
Shouting fire in a crowded theater - Wikipedia
en.wikipedia.org
That standard doesn't apply, what applies here is law based on incitement, and what Trump said doesn't meet that standard. He didn't tell people to attack police, he didn't tell them to destroy property, he didn't tell them to break into Congress.
If someone yells "Fire in a crowded theater" and is ignored or people simply file out, no real harm done.
Now if they panic and crush people against locked doors in their attempt to get out, someone is going to be held accountable.
The person yelling "Fire" didn't yell. "Fire and crush people against the doors" but that person is most certainly responsible for what happened.