this post was submitted on 04 Mar 2025
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Science Memes

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submitted 2 months ago* (last edited 2 months ago) by [email protected] to c/[email protected]
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[–] [email protected] 3 points 2 months 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The phrase “shouting fire in a crowded theater” is outdated and legally irrelevant to modern free speech discussions.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.