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When was Shouting fire in a crowded theater created?
Shouting fire in a crowded theater was created in 1919.
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".
What was the outcome of the landmark court case involving the restriction of free speech by Justice Oliver Wendell Holmes Jr., which famously stated that "The most stringent protection of free speech would not protect a man in falsely shouting fire in a c?
The outcome of the landmark court case involving the restriction of free speech by Justice Oliver Wendell Holmes Jr. was the decision in the case Schenck v. United States in 1919. In this case, the Supreme Court ruled that certain forms of speech, such as falsely shouting fire in a crowded theater, are not protected under the First Amendment. This established the "clear and present danger" test for determining when speech can be restricted in the interest of public safety.
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.
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.
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.
