Crowded theaters. No actual fire, but lots of yelling about it. No problem.
Posted on 05/09/2015 10:28:39 AM PDT by SERKIT
Oliver Wendell Holmes made the analogy during a controversial Supreme Court case that was overturned more than 40 years ago.
Ninety-three years ago, Justice Oliver Wendell Holmes wrote what is perhaps the most well-known -- yet misquoted and misused -- phrase in Supreme Court history: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."
Without fail, whenever a free speech controversy hits, someone will cite this phrase as proof of limits on the First Amendment. And whatever that controversy may be, "the law"--as some have curiously called it--can be interpreted to suggest that we should err on the side of censorship. Holmes' quote has become a crutch for every censor in America, yet the quote is wildly misunderstood.
(Excerpt) Read more at theatlantic.com ...
Mr. Goldberg just doesn’t quite get it.
I’m glad to see someone got it right.
A couple of days ago the man who impersonates Pope Francis on the Imus show pointed out that you can’t cry “Movie!” in a crowded fire house.
A couple of days ago the man who impersonates Pope Francis on the Imus show pointed out that you can’t cry “Movie!” in a crowded fire house.
Crowded theaters. No actual fire, but lots of yelling about it. No problem.
Here’s the difference. When someone yells fire in a crowded theatre, it is reasonable to get up and run for the exits. But when someone draws a provocative cartoon, it is not reasonable to commit mass murder. Thus in the first case the yeller is at fault while in the second case the murderer is at fault, not the cartoonist.
The notion that we have to just accept violent reactions from Muslims as a given, like pulling on a tiger’s tail, is a total crock and puts the blame in the wrong place. Actually, what it reminds me of is how the left sees certain types of criminal behavior as the inevitable fruits of our “unjust society”. They’ll excuse the criminal and blame society instead.
This is basically the position they’ve taken towards free speech and Muslims: as historical victims of persecution by the Christian West, some Muslims may be expected to have violent reactions to our provocative speech. Thus in the cosmic sense we are at fault and must curtail our speech as a result.
No. Goldberg gets it quite well. In fact, he hit a bullseye with that remark.
The Constitution did not grant your right, the Constitution protects your rights from government interference.
However, there are consequences in law for all irresponsible use of any right.
The Constitution allows Americans to do any damn thing they wish, as long as the consequences of their actions harm neither the person or property of another.
Uh no...you yell FIRE and get everyone out."
Tom Smothers: I fell in a vat of chocolate. I fell in a vat of chocolate...
Dick Smothers: What did you do when you fell into the chocolate"
Both: Lolly-do-dum-lolly-do-dum-day.
Tom: I just yelled "FIRE!" when I fell into the chocolate. I yelled "FIRE!" when I fell into the chocolate ...
Dick: Why'd you yell "FIRE!" when you fell into the chocolate?
Both: Lolly-do-dum-lolly-do-dum-day.
Tom: Well, I just yelled "FIRE!" when I fell ito the chocolate. I just yelled "FIRE!" when I fell into the chocolate ...
Dick [exasperated]: Tom, why'd you yell "FIRE!" when you fell into the chocolate?
Tom: I yelled "FIRE!" because no one would save me if I yelled "CHOCOLATE!"
Both: Lolly-do-dum-lolly-do-dum-daay...
Respectfully I still disagree. If ‘’but’’ comes after the right to free speech then there is no such thing as free speech.
Falsely shouting fire in a crowded theatre, dismisses any responsibility that the ausience may have in determining if haste is needed. Is there smoke? Is there fire? Is the man shouting an idiot? No one need worry when sizing up one’s immediate situation is done with logic and reason
Islam is not only a “religion.” It is a legal and social system. Many of its doctrines and laws are wholly incompatible with inalienable rights and freedoms guaranteed to the citizens of the United States. The the threat of violence and intimidation is clearly being used here to suppress individual rights of U.S. citizens. This is called terrorism.
Exactly! Our theater (a.k.a. our country) is on fire.
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