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| Re: Mitch McConnell Proven Right (1900490) | |||
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Re: Mitch McConnell Proven Right |
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Posted by Stephen Bauman on Fri Jun 10 12:47:02 2022, in response to Re: Mitch McConnell Proven Right, posted by Train Dude on Fri Jun 10 12:18:59 2022. You can't yell fire in a crowded theater.The quote, by Justice Holmes in Schenck v. United States, was "The most stringent protection of free speech would not protect a man falsely shouting fire in a theatre and causing a panic." Schenck v. US was about distributing flyers against the draft during World War I. That Schenk v. US was overturned by Brandenburg v. Ohio in 1969. The current restriction is "the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action [e.g., a riot] and is likely to incite or produce such action." |
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