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by zarkov99 1996 days ago
Man, I am sympathetic to the free speech argument and I agree that the right has been getting shafted in that department, but this does seem pretty close to the "don't yell fire in a crowded theater" exception. This was not a protest in the democratic sense. It is a shameful day for the country.
1 comments

This is way beyond "don't yell fire in a crowded theater," which was an action considered to be outside the protection of free speech because it presented a "clear and present danger." That standard was later restricted further, and is now "imminent lawless action." The President's actions appear to blow right past "clear and present danger" and explicitly call for "imminent lawless action."