shouting draft resisters, Parler

John Levine johnl at iecc.com
Mon Jan 11 22:55:30 UTC 2021


In article <35226213b6fcdc4a9c94f0bf3047201c at mail.dessus.com> you write:
>
>That would make me wonder how many cases there have been of someone
>"shouting fire in a crowded theatre" where there was no fire and at
>least one person died as a result; ...

Probably none. That metaphor was used by Justice Holmes in a
now-discredited Supreme Court decision Schenck v. U.S., which was
actually about handing out anti-draft leaflets during WW I. It was
overwrought then and has never been a useful guide to free speech law.

This seems a wee bit distant from Parler or TOS or Sec 230.

R's,
John


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