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Recursion

(56,582 posts)
Sat Jan 19, 2013, 03:53 AM Jan 2013

I wish we had a better example for regulating free speech than "yelling FIRE in a crowded theater"

The provenance is unfortunate.

The phrase comes from Oliver Wendell Holmes Jr.'s decision in Schenck v. US, where Holmes compared US Socialist party secretary Schenck's anti-WWI flyers to yelling fire in a crowded theater. It established the "clear and present danger" standard (something that is a clear and present danger can be subject to prior restraint), though this has been largely made irrelevant by later decisions.

Anyways, just a bit of history, and a wish to find an example for regulating free speech that wasn't used to quash anti-war protests.

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I wish we had a better example for regulating free speech than "yelling FIRE in a crowded theater" (Original Post) Recursion Jan 2013 OP
Anti war protests will always be highly unpopular at the beginning of a war Fumesucker Jan 2013 #1
How about a gunner opening fire in a theatre? GeorgeGist Jan 2013 #2
Did he originate that phrase? surrealAmerican Jan 2013 #3
Libel. nt Comrade_McKenzie Jan 2013 #4
Infringed speech RobertEarl Jan 2013 #5

Fumesucker

(45,851 posts)
1. Anti war protests will always be highly unpopular at the beginning of a war
Sat Jan 19, 2013, 04:06 AM
Jan 2013

Mark Twain remarked on the phenomenon in his story War Prayer.

 

RobertEarl

(13,685 posts)
5. Infringed speech
Sat Jan 19, 2013, 10:01 AM
Jan 2013

Speech at official gov meetings, usually well regulated to 3 minutes.

You have a right to speak which can be infringed or total freedom allowed.

I guess you could say there is a time and a place for certain things that the government can control for the welfare of all.

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