“The conservative right is going about this all wrong. Using first amendment “freedom of speech” is too amorphous of a legal argument given how many “special cases” of its curtailment have been enshrined into case law... think fire/crowded theater.”
You absolutely CAN yell fire in a theater HOWEVER if there is not fire and people get injured you can and should be fined.
And the term CASE law is the most vile and corrosive thought process and leads to the total destruction of our Constitution.
CASE LAW thanks to communist professors has been used to circumvent the Amendment process which is the ONLY LEGAL way to change the basic founding document of our country.
Because of the most dishonest people in the world, lawyers this case law crap has made a mess out our entire legal process and only the rules of FR prevent me from suggesting what should be done to those who believe in it.
precedentto the Judiciary playing the children's game 'telephone' with our legal rights… I've yet to hear a rebuttal to that assertion.