[crazygringo]

It's a widely understood example that is perfectly fine to use, since the underlying concept is immediately understandable:

https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_the...

If you're feeling pedantic, perhaps you can replace the phrase with "yelling things to incite an imminent lawless action" (to crib from Wikipedia's summarization of Brandenburg) any time anyone ever says it. Does that work for you? Because the underlying point remains: that there are limits to free speech.

[dragonwriter]

> It's a widely understood example that is perfectly fine to use

It is a misquote (leaving out "falsely", a modifier which is key to the meaning of the original quote) of a statement the original of which is inaccurate as a description of the prior state of the law when the case it was in was decided, or the state of the law once the case was decided (being dicta, it itself had no binding effect), or the current state of the law, from a decision now widely recognized as anathema to the central protection of the First Amendment.

It is, almost literally, the worst example that you could use.

[crazygringo]

> It is, almost literally, the worst example that you could use.

But it's the one everybody knows. Society has chosen it as the common term for the concept by now. Its original source or accuracy is entirely irrelevant -- in the same way it would be missing the point to complain that "black holes" aren't technically black.

After all, we're not having a discussion between lawyers about the intracacies of US free speech law. It's just a phrase for referring to the general concept of rights not being absolute.