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The phrase “shouting fire in a crowded theater” is outdated and legally irrelevant to modern free speech discussions.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.

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IDKWhatUsernametoPutHereLolol@lemmy.dbzer0.com ⁨4⁩ ⁨days⁩ ago

Modern First Amendment doctrine protects almost all speech unless it directly incites imminent violence or crime.

So you are saying there is a limitation

So there no free speech afterall 🤔

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- MisanthropiCynic@lemm.ee ⁨4⁩ ⁨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.
  
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