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mahatmakanejeeves

(56,904 posts)
Thu May 19, 2022, 03:17 PM May 2022

1A: I protect hate speech, incendiary speech, and screaming "fire" in a crowded theater, unless ...

I protect hate speech, incendiary speech, and screaming “fire” in a crowded theater, all unless it is intended to and likely to cause imminent lawless action, which is a very high bar that protects almost everything people claim is like screaming “fire.”


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1A: I protect hate speech, incendiary speech, and screaming "fire" in a crowded theater, unless ... (Original Post) mahatmakanejeeves May 2022 OP
unless it is intended to and likely to cause imminent lawless action unweird May 2022 #1
One more thing: mahatmakanejeeves May 2022 #2
The actual quote from Schenck v United States (1919) is rsdsharp May 2022 #3

unweird

(2,476 posts)
1. unless it is intended to and likely to cause imminent lawless action
Thu May 19, 2022, 03:29 PM
May 2022

Isn’t that where we are at?

unless it is intended to and likely to cause imminent lawless action…

mahatmakanejeeves

(56,904 posts)
2. One more thing:
Thu May 19, 2022, 03:47 PM
May 2022
If you come back at free speech arguments with “You can’t shout fire in a crowded theater”, I’m gonna need you to go all the way and endorse jailing people who publicly oppose a wartime draft, since that’s the ruling in which Oliver Wendell Holmes coined this particular metaphor.


rsdsharp

(9,042 posts)
3. The actual quote from Schenck v United States (1919) is
Thu May 19, 2022, 05:23 PM
May 2022

“The most stringent protection of free speech would not protect a man falsely shouting fire in a theatre and causing a panic....”

People alway delete “falsely”, and add “crowded.”

And while Schenck did find opposition to the draft violated the 1917 Espionage Act, its holding has been at least limited by Brandenburg v Ohio.

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