Viewing a single comment thread. View all comments

Mutabilitie t1_izzfl2m wrote

Reply to comment by BMorris2526 in Can Governor McKee really evict homeless people sleeping on State House grounds? by rhodyjourno

Oh, but if it’s a protest under the First Amendment, you have to analyze it in terms of time, place, and manner restrictions. (Can’t yell fire in a crowded theater.)

3

deathsythe t1_j025qa1 wrote

> Can’t yell fire in a crowded theater.

Good lord I am sick and tired of hearing this. Do they not teach civics anymore? Brandenburg v. Ohio & Hess v. Indiana overturned most of Schenck v. United States.

The fact that this "yelling fire in a crowded theater" myth has continued on well into the information age is a blight on the education system.

Unless the 1A execution/speech in question would "incite imminent lawless action" it is protected speech. The test for what qualified as "imminent lawless action" isn't exactly a cakewalk either. It requires specifics, and actionable statements/plans.

1