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What are some situations where someone would be restricted from expressing the freedom of speech or writing?
Publishing classified information, making untrue statements (libel) or the classical "Shouting FIRE in a crowded theater".
Why did falsely shouting fire in the crowded theater?
Falsely shouting "fire" in a crowded theater is considered a classic example of speech that can lead to panic and harm, illustrating the limitations of free speech. This scenario, famously referenced in Justice Oliver Wendell Holmes Jr.'s opinion in the 1919 Supreme Court case Schenck v. United States, highlights that speech that incites immediate danger or chaos is not protected under the First Amendment. The act can cause injury and potentially lead to a stampede, demonstrating the balance between free expression and public safety.
My friend was telling people he had a gun but did not can he get in trouble for this?
Yes its like yelling fire in a crowded theater.
What are the unwritten taken-for-granted rules that underlie your everyday lives such as not yelling fire in a crowded classroom or movie theater?
Garfinkel
If a person yells fire in a crowded theater when there is no fire and people are hurt in the ensuing panic that individual abused his freedom of speech according to the doctrine of?
clear and present danger
Is it illegal to yell fire in a crowded movie theater?
Not if it's true. Your early warning could help save innocent lives.
Can a person be prosecuted for yelling fire in a crowded building when there is no fire?
AnswerYes, it's called Reckless Endangerment. When you make an action like that intentionally and knowing that there is no such danger, it encourages an action in the crowd that you would have probable reason to suspect panic. People get injured in panics. To put people in danger knowingly and without justification is illegal in all states. But get hold of a lawyer for specific citations.AnswerYes, freedom of speech only pertains to things that do not endanger others. FALSELY yelling "FIRE!" in a crowd will get you arrested. It can cause unwanted panic and people can be injured.For information about the legal reference to "shouting fire in a crowded theater," see Related Questions, below.
Is it illegal to scream 'terrorist' in Walmart?
yes because a terrorist is a very bad thing to encounter and people are going to freak out, and it is just the same as yelling fire in a movie theater . so yes it is illegal it is overpowering the law of freedom of speech . No, it is not illegal to shout "terrorist" in Walmart. It would be illegal to create a dangerous situation (the patrons stampeding out the exits) by doing something, including just shouting something. The crowded theater example shows that simple speech could create a dangerous situation and that the First Amendment Freedom of Speech provision does not protect the person shouting "Fire" from prosecution for causing the situation. The illegal action is not in shouting one particular word or another. The illegality is causing a dangerous and harmful situation by shouting something. If a person yelled "terrorist" in Walmart and no one paid any attention, there would be no dangerous situation and no crime. In fact the likelihood that Walmart shoppers would pay any attention to someone shouting "terrorist" is dubious at best.
What is illegal to say?
Shouting fire! in a public place when there is no fire. (Pretty Sure)
Can any restrictions be placed on an individuals freedom of speech?
Yes - a person can be taken to court and sued - ultimately even imprisoned - for libel or slander, and the Supreme Court determined that "free speech" does not include the right to create a "clear and present danger" in a crowded place - for example by shouting "Fire!" when there is no fire.
What are the lasting effects of Schenk v. US?
It protected the use of the draft, introduced the phrase Shouting Fire in a Crowded Theatre, as well as the term Clear and Present Danger. Schenck did six months in jail as a result of this 9 - 0 decision.
Why does Oliver Wendell Holmes claim that the right of freedom of speech does not protect someone shouting fire in a theater?
Oliver Wendell Holmes argues that the right to freedom of speech does not protect individuals who shout "fire" in a crowded theater because such actions can create a clear and immediate danger. This example illustrates that free speech has limits when it poses a threat to public safety or incites panic. Holmes emphasizes that the context and potential consequences of speech must be considered, prioritizing the well-being of the community over absolute freedom. Thus, the right to free expression is not unconditional when it leads to harmful outcomes.
