fuck this (mander.xyz)
submitted 2 years ago* (last edited 2 years ago) by to c/science_memes@mander.xyz
you are viewing a single comment's thread
view the rest of the comments
[–] 12 points 2 years ago (3 children)

Scream "Fire" at a theater. Obviously you cannot.

  • source
  • parent
  • hideshow 3 child comments
  • [+] -11 points 2 years ago (2 children)

    The phrase “shouting fire in a crowded theater” is outdated and legally irrelevant to modern free speech discussions.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

  • source
  • parent
  • hideshow 2 child comments
  • [+] 11 points 2 years ago* (last edited 1 year ago) (1 child)
  • [+] -9 points 2 years 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.

  • source
  • parent