you can yell it freely...but it doesn’t give you immunity to any consequences.
Try yelling “GUN!” at a Democrat rally.
read the whole thing...the myth reference is a myth...
“it’s perfectly legal to yell “fire” in a crowded theatre...”
Legal, yes. But if there is not a fire, and people are harmed as a result of what you yelled, then you are liable and probably will lose a lot of money when those lawsuits hit. And you won’t be able to claim any 1st amendment protections in those lawsuits either. So by that measure it is indeed “unprotected speech”.
I prefer you have a right to swing your fist up to where my nose begins. And yes, shouting fire in a crowded theatre, that creates an imminent physical threat is where my nose begins.
Alito is either very stupid or is knowingly splitting hairs as he believes only in protected speech, which makes him a free speech denier. He is talking about things that involve speech. Sort of like saying that if you hired a contract killer, the crime you committed was a violation by free speech - after all you had to speak to someone to arrange the assassination.
You notice the people that bring up the fire analogy are free speech deniers. They are splitting hairs to try to argue for controlled speech. It would have been better if the founders had replaced “speech” with “opinion”. Then there is no wiggle room. After all how can we violate a persons’ rights to have an opinion?
Yeah, thanks Emma. I am certain he does indeed know about that case and is an expert on it. He is saying speech that creates a clear and present immediate danger is not protected.
And he was illustrating that point.
But nice childish strawman to pretend he meant it literally. Alito is smarter than you Emma, much smarter. This is true even though you are a senior in college, or may have possibly graduated in May.
So no exact case (yelling fire in a theater) has come before the court but a previous opinion has indicated how that court would interpret it, and a current sitting judge has indicated how he would interpret it, but Alito is wrong and this hack writer knows better.
Here is what it is ACTUALLY about.
“Justice Samuel Alito said Tuesday that the unauthorized disclosure of a draft landmark Supreme Court majority opinion on abortion put some justices at risk of assassination.
Speaking at a Heritage Foundation event, Alito said the release of his draft opinion made the justices presumed to be in the majority “targets for assassination because it gave people a rational reason to think they could prevent that from happening by killing one of us.”
The draft from Dobbs v. Jackson Women’s Health Organization was published by POLITICO on May 2.
“It was a grave betrayal of trust by somebody,” Alito, who authored both the draft and the final majority opinion, told the Heritage Foundation’s John G. Malcolm.
Has abortion become a decisive factor in the midterms?
The draft proved substantially similar to the final majority opinion that was issued in June. That ruling overturned the Supreme Court’s 1973 ruling in Roe v. Wade, which had established a right to abortion throughout the country.
“It certainly changed the atmosphere at the court,” Alito said of the unauthorized disclosure of the draft.
Alito noted that a California man was subsequently charged in an alleged plot to kill Justice Brett Kavanaugh, who was one of the justices in the majority.”
Not only is the author & article wrong, the article is “Libel Per Se”...and ironically, that makes the article not protected by 1A.
So if you knew there actually was a fire and stayed silent?
This article is a pendant’s dream. The concept of not being able to shout fire in a crowded theater obviously includes some additional context. Taking it literally and removing all that context just to prove how smart you are is both tiresome and transparent.
The late Yippie Abbie Hoffman wrote freedom of speech would be assured “If I can yell ‘theater’ in a crowded fire.”
But what if there IS A FIRE in the theater?
The Two Orphans or The Brooklyn Theater fire comes to mind.
I shouted “theater!” in a fire station once. No jail time.
Emphasis mine.