• @[email protected]
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      -29 months ago

      Huh. I wonder if any injuries that occured would fall under that. Like if someone yelled fire and you got trampled by a panicked crowd and broke a few bones… would yelling fire in that case be assault?

      Initial post stands - charge his ass! …but now more from curiosity to see what the courts would do with it than anything else.

        • @[email protected]
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          19 months ago

          And someone else was shot by law enforcement because they tried to follow those orders. (The fact she wasn’t innocent doesn’t excuse the instigator of her death)

      • @thepianistfroggollum
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        -39 months ago

        No, because the words aren’t intended to incite lawless acts.

        But, falsely pulling a fire alarm and saying words are two different things, and he can and should be charged for it.

    • 【J】【u】【s】【t】【Z】
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      9 months ago

      This is not at all correct. The issue in Schenk wasn’t whether you could or could not falsely shout fire in a crowded theater.

      You may not falsely yell fire in a crowded theater. Doing so is a criminal breach of peace.

      Schenk and Brandenberg are incitement cases. Not being able to falsely yell fire in a crowded theater is axiomatic proof that the framer’s intent wasn’t to ban limits on speech that obviously serves no valid free speech purpose, such as falsely shouting fire in a crowded theater.

      You absolutely have the right to truly yell fire in a crowded theater, though no duty to do so!

      • @thepianistfroggollum
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        19 months ago

        Did you not read the quote and source I provided that shows that I am correct?

          • @thepianistfroggollum
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            09 months ago

            I did not read it wrong. It clearly states that the 69 case narrowed the scope so shouting fire in a crowded theater is no longer unprotected.