The Graphic Details
Shouting Fire in a Crowded Theater
Advocates for censorship have long spread the lie that you
"cannot shout fire in a crowded theater",
as proof that silencing your expression is legal and desirable.
But they are wrong.
In fact, the original phrase was "falsely shouting fire", and it was used by an enemy of free speech, to justify banning pamphlets opposing the draft.
And the man who invented that fallacy, Oliver Wendell Holmes, later regretted his decision,
and went on to fight the censorship that he had helped impose.
In fact, your right to yell fire in a crowded theater is protected, but if you are lying, you are afterward held responsible for any harm you may have caused.
This is not a question of censorship, but of fraud.
Shouting Fire in a Crowded Theater
Advocates for censorship have long spread the lie that you
"cannot shout fire in a crowded theater",
as proof that silencing your expression is legal and desirable.
But they are wrong.
In fact, the original phrase was "falsely shouting fire", and it was used by an enemy of free speech, to justify banning pamphlets opposing the draft.
And the man who invented that fallacy, Oliver Wendell Holmes, later regretted his decision,
and went on to fight the censorship that he had helped impose.
In fact, your right to yell fire in a crowded theater is protected, but if you are lying, you are afterward held responsible for any harm you may have caused.
This is not a question of censorship, but of fraud.