This abuse of "special needs" is horrifically egregious, but I find myself wondering exactly how one would go about codifying "common sense" exceptions to the Constitution, like the infamous example of shouting fire in a crowded theater.

If one allows for genuine edge-case exceptions, whether explicitly in law or implicitly by interpretation, how can we prevent the gap from widening into eroding the law completely? For instance, it's not a far leap from shouting fire, to so-called hate speech, and from there to silencing dissidents.

(Note also the use of the word "reasonable" in the 4th; while it has a very specific legal meaning, clearly the courts are interpreting it very differently from civil liberties advocates.)