• @Sterile_Technique
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      -21 year ago

      Huh. I wonder if any injuries that occured would fall under that. Like if someone yelled fire and you got trampled by a panicked crowd and broke a few bones… would yelling fire in that case be assault?

      Initial post stands - charge his ass! …but now more from curiosity to see what the courts would do with it than anything else.

      • @randon31415
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        111 year ago

        … or yelled “Stop the steal, storm the captial” and someone got trampled to death.

        • @[email protected]
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          11 year ago

          And someone else was shot by law enforcement because they tried to follow those orders. (The fact she wasn’t innocent doesn’t excuse the instigator of her death)

      • @[email protected]
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        -31 year ago

        No, because the words aren’t intended to incite lawless acts.

        But, falsely pulling a fire alarm and saying words are two different things, and he can and should be charged for it.

    • 【J】【u】【s】【t】【Z】
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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!

        • 【J】【u】【s】【t】【Z】
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          11 year ago

          You read it wrong. You may not falsely shout fire in a crowded theater. You obviously don’t have a lot of experience reading legal cases. It’s okay.

          • @[email protected]
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            01 year ago

            I did not read it wrong. It clearly states that the 69 case narrowed the scope so shouting fire in a crowded theater is no longer unprotected.

            • 【J】【u】【s】【t】【Z】
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              11 year ago

              It doesn’t say that and that isn’t true. The first case didn’t involve a defendant who falsely shouted fire in a crowded theater.