Besides ... You CAN shout “fire” in a crowded theater.
Is it OK to shout “theater!” in a crowded fire house?
Back in college they were having an opening ceremony at a new firehouse and I actually almost did this to see if anyone understood.
But can you shout "movie" in a crowded firehouse?
Precisely. The law is for when there is NOT a danger. It is for injuring people unnessarily in a fabricated panic.
On the other hand, people (the ownership) can be held liable for NOT shouting Fire when there is a fire.
Breyer is failing to distinguish between a real warning versus a false warning. Since he is admitting that Americans will be injured by vengeful mohammedans for burning the page of a book, then he is admitting there are hair trigger people out there. Therefore, there SHOULD be someone shouting, "BOOK!"
Not doing so is what should be a chargeable offense.
And Breyer's words put in perspective all the weak-kneed CINOs from last week who whined at those willing to stand up against the mo-cult murderers so they wouldn't be offended.
That enabled Breyer to read weakness as assent to stripping us of free speech.