Re:The Westminster Declaration
by vincent-manis on Tuesday October 31, 2023 @03:40PM
(#38090352)
I don't disagree that _Schenck_ is awful, but I still think that shouting “Fire” in a crowded theatre is unacceptable.
Re:The Westminster Declaration
by dabluecaboose on Tuesday October 31, 2023 @05:01PM
(#38091314)
Unacceptable, maybe. But under many circumstances, still constitutionally protected despite being unpalatable.
A perennially terrible example to whip out in these discussions, given that it's a quote from potentially one of the most backwards and odious SCOTUS decisions (Schenck v. US) that upheld a conviction against a man protesting the draft. It was later was overturned (Brandenburg v. Ohio).