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by ggreer 3383 days ago
I agree that the first amendment doesn't apply in this case, but the "fire in a crowded theater" analogy is only used by people who aren't aware of its origin. The phrase was coined by Justice Oliver Wendell Holmes in WWI, in a SCOTUS decision to imprison socialists for leafleting against the draft.[1]

1. https://en.wikipedia.org/wiki/Schenck_v._United_States

1 comments

The origin may be questionable, but is yelling "fire" in a crowded theater protected speech?