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by whateversclever 2458 days ago
Anyone absolutely can "Yell fire in a theater" in the US, this canard has an interesting history: https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_the...

You can also go on the radio and accuse your boss of whatever you like in the US as well. You might get sued by your boss in civil court, but the police will not come after you.

You can also deny the Holocaust, that the earth is round, that people have landed on the moon, or anything else. An unfortunate side effect of freedom is that other people will be allowed to say things that you dislike.

1 comments

The distinction between civil and criminal law isn't terribly relevant here. You can be found liable in civil court for all of the things listed in the first two paragraphs.
Its entirely relevant. Your speech is subject to civil law, never criminal law, because speech is free. If it is somehow subject to criminal law its not really the speech that is, but some other act which the speech is facilitating.

Yelling fire in a theater isn't illegal, but deliberately doing something that will cause a panic is.

Sure it's relevant. In the context of Free Speech, we're talking about freedom from persecution by the state.

In the US, you can say whatever you like and you will not be prosecuted or jailed. That is simply not true in most other countries.

It isn't pertinent to the conversation re: europe. Also, it's false, you can be imprisoned for inciting violence (or taking other unlawful action) in the United States. Finally, there isn't a categorical distinction between having speech restricted by a suit brought in civil court vs in criminal court: in both cases my speech is curtailed by law.

I drew the obvious contrast with most of the rest of the world in the parent comment, I have nothing more to say there.