The phrase “shouting fire in a crowded theater” is outdated and legally irrelevant to modern free speech discussions. Its origin from Schenck v. United States (1919) was overturned by Brandenburg v. Ohio (1969), which set a much higher standard for restricting speech. Modern First Amendment doctrine protects almost all speech unless it directly incites imminent violence or crime.
No. Even that limitation is unconstitutional. Look up the actual convictions and appeal rates for them
The most recent one is just a couple of months old where a guy threatened Kevin McCarthy, the House speaker, over 100 times on the phone and he only got probation because the judge knew the prison sentence wouldn’t withstand appeal.
MisanthropiCynic@lemm.ee 5 days ago
The phrase “shouting fire in a crowded theater” is outdated and legally irrelevant to modern free speech discussions. Its origin from Schenck v. United States (1919) was overturned by Brandenburg v. Ohio (1969), which set a much higher standard for restricting speech. Modern First Amendment doctrine protects almost all speech unless it directly incites imminent violence or crime.
IDKWhatUsernametoPutHereLolol@lemmy.dbzer0.com 5 days ago
So you are saying there is a limitation
So there no free speech afterall 🤔
MisanthropiCynic@lemm.ee 5 days ago
No. Even that limitation is unconstitutional. Look up the actual convictions and appeal rates for them
The most recent one is just a couple of months old where a guy threatened Kevin McCarthy, the House speaker, over 100 times on the phone and he only got probation because the judge knew the prison sentence wouldn’t withstand appeal.