Yelling fire falsely in a crowded theater is a dangerous prank and against the law not an example of free speech limitation.
You are, of course, incorrect. In fact, the very analogy was made originally by Supreme Court Justice Oliver Wendell Holmes in the early 1900s, when he flat out said that a strict construction of Freedom of Speech would allow one to shout fire in a crowded theatre. Then he went on to explain how Freedom of Speech specifically does not extend to allow one to yell fire in a crowded theater. Thus, there IS a free speech limitation to prohibit such activity.
You speak with such defining statements, one would get the impression you know about what you are talking. Unfortunately, you don't.
Al had it right when the said "the limitation is established by the law.....not the Constitution". As you aptly point out, the Constitution does not say "yelling fire in a crowded theater" is a free speech limitation.....in fact, a strict interpretation of the Constitution does allow such a yell. However, Justice Holmes felt such a strict interpretation was wrong and chose to make a less strict interpretation, stating that free speech as defined by the Constitution does not extend to yelling fire in a crowded theater.
And then, laws were passed by local municipalities, prohibiting such an exclamation. So Al is right, and once again, you are wrong. |
