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Reply #13: Please STOP using the "fire in a theater" analogy [View All]

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NoNothing Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-07-10 04:57 PM
Response to Original message
13. Please STOP using the "fire in a theater" analogy
Edited on Tue Sep-07-10 04:57 PM by NoNothing
Here's why:

That analogy has a specific meaning in U.S. First Amendment case law. It is a prototypical example of the kind of speech that actually can be banned without violating the First Amendment. So, to people familiar with civil liberties, saying some speech is "like yelling fire in a theater" means you are saying it should not be protected by the First Amendment. If I understand you correctly, though, you do not dispute that this speech is actually protected by the First Amendment. So your argument is contradictory, unless you really arguing that this speech *should* be banned.
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