this post was submitted on 04 Mar 2025
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Science Memes

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submitted 3 weeks ago* (last edited 3 weeks ago) by [email protected] to c/[email protected]
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[–] [email protected] 3 points 3 weeks ago (1 children)

The phrase “shouting fire in a crowded theater” is outdated and legally irrelevant to modern free speech discussions. Its origin from Schenck v. United States (1919) was overturned by Brandenburg v. Ohio (1969), which set a much higher standard for restricting speech. Modern First Amendment doctrine protects almost all speech unless it directly incites imminent violence or crime.

[–] [email protected] 12 points 3 weeks ago (1 children)

Modern First Amendment doctrine protects almost all speech unless it directly incites imminent violence or crime.

So you are saying there is a limitation

So there no free speech afterall 🤔

[–] [email protected] 2 points 3 weeks ago

No. Even that limitation is unconstitutional. Look up the actual convictions and appeal rates for them

The most recent one is just a couple of months old where a guy threatened Kevin McCarthy, the House speaker, over 100 times on the phone and he only got probation because the judge knew the prison sentence wouldn’t withstand appeal.