Re:Once a bastion of free speech, the ACLU faces an identity...
by laverya on Monday June 07, 2021 @01:59PM
(#27425811)
> The classic ban on shouting "Fire!" in a crowded movie theater can be justified entirely on this ground
Falsely shouting "Fire!" in a crowded theater is currently allowed per the Supreme Court [0], as of Brandenburg v. Ohio [1], as it is not an incitement to imminent, lawless behavior. The "classic ban", incidentally, was actually a ban on speech opposing the draft during WW1. The "falsely shouting fire in a theater" analogy was created by judges to justify banning anti-draft leaflets.
Falsely shouting "Fire!" in a crowded theater is currently allowed per the Supreme Court [0], as of Brandenburg v. Ohio [1], as it is not an incitement to imminent, lawless behavior. The "classic ban", incidentally, was actually a ban on speech opposing the draft during WW1. The "falsely shouting fire in a theater" analogy was created by judges to justify banning anti-draft leaflets.
0: https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_the...
1: https://en.wikipedia.org/wiki/Brandenburg_v._Ohio