Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Sub-Driver

“The First Amendment is not absolute. You can’t falsely scream fire.”

Why do they always bring out this argument for restricting the BOR. It is a bogus argument used to reduce the BOR.


5 posted on 04/20/2012 2:45:17 PM PDT by A Strict Constructionist (We're an Oligrachy...Resistance to tyrants is obedience to God. Thomas Jefferson)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: A Strict Constructionist
Why do they always bring out this argument for restricting the BOR.

Shall I presume that by BOR you mean "Bill of Rights"?

As I understand the history, this quote about "You can’t falsely scream fire.” comes from the "Great Dissenter", Justice Oliver Wendell Holmes Jr. writing for a unanimous Supreme Court in 1919 for the case of Schenck v. United States, 249 U.S. 47, a WW1 espionage & free speech case.

The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.

Note the referral to a restricted Congress implicit in the US Constitution. Paging Professor Obama, please pick up the CONSTITUTION white phone.

13 posted on 04/20/2012 3:32:13 PM PDT by SES1066 (Government is NOT the reason for my existance!)
[ Post Reply | Private Reply | To 5 | View Replies ]

To: A Strict Constructionist
Why do they always bring out this argument for restricting the BOR.

And they always forget -- or grossly expand -- the doctrine of "clear and present danger."

16 posted on 04/20/2012 4:16:59 PM PDT by IronJack (=)
[ Post Reply | Private Reply | To 5 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson