1A: I protect hate speech, incendiary speech, and screaming "fire" in a crowded theater, unless ...

[mahatmakanejeeves]

I protect hate speech, incendiary speech, and screaming “fire” in a crowded theater, all unless it is intended to and likely to cause imminent lawless action, which is a very high bar that protects almost everything people claim is like screaming “fire.”

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[unweird]

1. unless it is intended to and likely to cause imminent lawless action

Isn’t that where we are at?

unless it is intended to and likely to cause imminent lawless action…

[mahatmakanejeeves]

2. One more thing:

If you come back at free speech arguments with “You can’t shout fire in a crowded theater”, I’m gonna need you to go all the way and endorse jailing people who publicly oppose a wartime draft, since that’s the ruling in which Oliver Wendell Holmes coined this particular metaphor.

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[rsdsharp]

3. The actual quote from Schenck v United States (1919) is

“The most stringent protection of free speech would not protect a man falsely shouting fire in a theatre and causing a panic....”

People alway delete “falsely”, and add “crowded.”

And while Schenck did find opposition to the draft violated the 1917 Espionage Act, its holding has been at least limited by Brandenburg v Ohio.