| ▲ | somenameforme 4 hours ago | |
The 'freedom to yell fire in a crowded theater' argument against free speech is such a perfect illustration of the issue. That was an argument made by Mr. Eugenics himself, Supreme Court Justice Oliver Wendell Holmes Jr, in a famous case Schneck vs United States. [1] In it Charles Schneck was convicted for an absolutely abhorrent crime. He sent out fliers to men drafted for WW1 informing them of a legal defense against the draft - of it constituting involuntary servitude, which was prohibited by the 13th Amendment, and encouraging them to consequently assert their legal rights and work to resist the draft. For this, he was arrested and put in prison, with the government claiming that his mailed fliers were akin to 'shouting fire in a crowded theater.' This is why free speech means free speech. Limitations are invariably weaponized by authoritarian forces to shoehorn essentially everything into that limitation. [1] - https://en.wikipedia.org/wiki/Schenck_v._United_States | ||
| ▲ | immibis an hour ago | parent [-] | |
When I say "freedom to yell fire in a crowded theater" I mean "freedom to yell fire in a crowded theater" and not "freedom to hand out fliers informing people that the draft is illegal involuntary servitude". | ||