• 【J】【u】【s】【t】【Z】@lemmy.world
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    1 year ago

    This is not at all correct. The issue in Schenk wasn’t whether you could or could not falsely shout fire in a crowded theater.

    You may not falsely yell fire in a crowded theater. Doing so is a criminal breach of peace.

    Schenk and Brandenberg are incitement cases. Not being able to falsely yell fire in a crowded theater is axiomatic proof that the framer’s intent wasn’t to ban limits on speech that obviously serves no valid free speech purpose, such as falsely shouting fire in a crowded theater.

    You absolutely have the right to truly yell fire in a crowded theater, though no duty to do so!