I presumed that there is no fire (in answering your poll).
Civics pop quiz 2: Under US constitutional law, is 'yelling fire in a crowded theater' a legally protected & permitted form of free speech?
-
-
-
Doesn't matter, actually.
- 1 more reply
New conversation -
-
-
Depends not on if there factually is a fire or not, but whether you genuinely and reasonably believe there is one. If you do so in bad faith then no you are not protected
-
Yes, but if he is aware of the risk he creates then it would be reckless endangerment which is illegal
- 1 more reply
New conversation -
-
-
Schenck v. United States 1919: Opposing the WWI draft was ruled to be dangerous and false speech and therefore not protected by the 1st Amendment. Defendant was imprisoned for his speech. This is the same law used against Edward Snowden today.
-
Brandenburg v Ohio 1969, which superseded the Schenck decision, reaffirms that certain forms of inflammatory speech are not protected by 1A and can be prosecuted. That is the standing law on the matter.
End of conversation
New conversation -
-
-
It depends. Is there a fire? If no, did anyone get hurt as a result?
Thanks. Twitter will use this to make your timeline better. UndoUndo
-
-
-
According to the Brandenburg v. Ohio ruling, you cannot punish inflammatory speech unless it is intended to produce imminent lawlessness.
-
Not just that, it also needs to be LIKELY to produce said lawlessness.
End of conversation
New conversation -
-
-
Is there a fire?
Thanks. Twitter will use this to make your timeline better. UndoUndo
-
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.