Make No Law: The First Amendment Podcast Podcast
Make No Law: The First Amendment Podcast
Legal Talk Network
Fire in a Crowded Theater - episode of Make No Law: The First Amendment Podcast podcast

Fire in a Crowded Theater

30 minutes Posted Jun 28, 2018 at 9:18 pm.
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Show notes
“You can’t yell ‘fire’ in a crowded theater” is one of the most commonly used First Amendment catchphrases -- but does it really support exceptions to free speech? The answer to this question can be found in the writings of Supreme Court Justice Oliver Wendell Holmes. He penned the phrase in 1919, not to justify moderate limits on speech, but to justify government prosecution of those speaking out against the draft.

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