Freedom of speech is just that. Freedom of Speech. No one has the right to not get their feelings hurt or hear things they find disgusting. That includes me.
The only justifiable limit the government can enforce to free speech is when what you say places the lives of others in danger - such as shouting fire in a crowded theatre.
Last edited by PoliCon; 03-31-2011 at 04:06 PM.
As long as you are not giving aid and comfort to the enemy, which is the other Constitutional restriction on conduct in wartime, then no.
Actually, there's nothing illegal about shouting fire in a crowded theater.
If it promotes a riot, it's a case something like disturbing the peace or inciting to riot. IOW, only state or local laws are broken. If someone is trampled to death, it's probably negligent homocide. Again, only state laws are broken.
But it's not illegal just for shouting, and it's certainly not a violation of the US Constitution.
Keep phishing wee wee, and hope everybody keeps their mouth shut when there is a real fire while you're watching the latest Michael Moore flac...er...flick.
Schenck v. United States - Oliver Wendell Holmesfree speech would not protect a man falsely shouting fire in a theater and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent
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